Birth injuries change a family’s life in an instant. When a child in Milford Mill is diagnosed with Erb’s palsy, parents suddenly face complex medical decisions, mounting costs, and uncertainty about the future. Our Milford Mill birth injury team guides families through that turmoil with both legal strength and personal compassion.
We focus on accountability and recovery. By uncovering how the injury happened and demanding full compensation, our attorneys give parents the resources to secure the best possible care for their children while holding negligent providers responsible.
Call our Milford Mill Erb’s Palsy attorneys at (443) 909-2792 for a free, no-obligation consultation. Our team answers 24/7, advances all costs, and you pay nothing unless we win.
Meet Your Milford Mill Erb’s Palsy Attorneys
Milford Mill Erb’s Palsy attorney Jonathan Schochor and Milford Mill birth injury lawyer Kerry Staton have investigated delivery-room negligence for more than four decades. We have secured over $1 billion in verdicts and settlements for injured children, including a recent $1.475 million recovery in an Erb’s palsy case. Our Baltimore County Erb’s Palsy attorneys advance every expense, answer every call, and treat each client like family so parents can focus on their child’s healing.
As experienced Maryland birth injury lawyers, we know local hospitals, court procedures, and medical experts. That familiarity lets us move quickly, preserve evidence, and build a compelling claim from day one.
What Is Erb’s Palsy and How Does It Happen During Childbirth?
Erb’s palsy is a brachial plexus injury that weakens or paralyzes a newborn’s shoulder and upper arm. The condition typically arises during a difficult vaginal delivery when the baby’s shoulder becomes stuck behind the mother’s pelvic bone, a scenario called shoulder dystocia. If the doctor pulls too hard on the baby’s head, the neck nerves stretch or tear, damaging movement in the affected arm.
The injury affects roughly 1–2 of every 1,000 births nationwide. Unlike cerebral palsy, which involves the brain, Erb’s palsy is confined to arm nerves, so early diagnosis and therapy can significantly improve function.
How Can I Tell If My Baby Has Erb’s Palsy?
Newborn symptoms are usually obvious. The infant may hold one arm limp at the side, lack the normal startle reflex on that side, or keep the elbow tightly bent. Parents often notice the shoulder and upper arm do not move while the hand and fingers still can. A pediatrician can confirm the diagnosis with a physical exam and, if needed, ultrasound or MRI.
Prompt evaluation matters because early therapy leads to better outcomes. If you notice any asymmetry in your child’s arm movement, seek medical advice immediately.
What Causes Erb’s Palsy During Delivery?
Excessive traction on a stuck shoulder is the core cause. The risk rises when providers encounter:
- Large baby (macrosomia)-often associated with gestational diabetes.
- Instrument-assisted delivery-misused forceps or vacuum extractors magnify traction on the neck.
- Breech presentation-feet-first babies create abnormal shoulder pressure.
- Prolonged or difficult labor-tired providers may pull harder to speed delivery.
Experienced medical teams anticipate these scenarios and use specialized maneuvers rather than force. When they don’t, avoidable nerve damage can follow.
Rare or Unusual Erb’s Palsy Scenarios
Severe traction can cause uncommon complications. A complete nerve root tear (avulsion) may accompany the classic upper-arm injury. Some infants develop Klumpke’s palsy (hand weakness) or Horner’s syndrome (drooping eyelid) when lower neck nerves are injured. These situations often require surgery and lifelong therapy.
Can Erb’s Palsy Be Treated or Cured?
Yes, Early therapy restores function for 80–90 percent of children. Pediatric physical and occupational therapists teach gentle range-of-motion exercises parents can perform several times a day. Consistency prevents joint stiffness and encourages nerve regeneration.
When severe damage persists beyond six months, surgeons may perform nerve grafts, nerve transfers, or tendon releases. Although recovery is gradual, many children achieve near-normal use with the right care plan.
Could My Baby’s Erb’s Palsy Have Been Prevented?
Often the answer is yes. Obstetric standards direct doctors to recognize shoulder dystocia risks, large baby, maternal diabetes, breech position, and prepare alternatives such as the McRoberts maneuver, suprapubic pressure, or a timely Cesarean section. Ignoring those safeguards or using excessive force violates the accepted standard of care.
When such negligence causes an injury, the family has grounds to pursue compensation through a medical malpractice claim.
Who Can Be Held Liable for an Erb’s Palsy Birth Injury?
The delivering OB/GYN is usually the primary defendant. However, liability can extend to labor nurses, midwives, anesthesiologists, and the hospital if their actions, or lack of protocols, contributed to excessive traction or delayed intervention. Our Erb’s Palsy legal team reviews prenatal charts, fetal monitor strips, and staffing logs to pinpoint every negligent act.
What Compensation Can I Recover for My Child’s Injuries?
Maryland law allows recovery of both economic and non-economic damages. Economic damages include past and future medical care, therapy, adaptive equipment, home modifications, and lost parental income. Non-economic damages compensate for pain, suffering, and loss of life’s pleasures; in 2025 that portion is capped at roughly $905,000.
Our Milford Mill Erb’s Palsy lawyers partner with life-care planners and economists to calculate the total lifetime cost of your child’s needs so no essential service is overlooked.
How and When Do I File an Erb’s Palsy Claim in Maryland?
Time limits are strict. Under Maryland Courts & Judicial Proceedings § 5-109, most parents must file within five years of the injury, or three years from when they discovered it, whichever is earlier. Because the injury occurred at birth, your child can file in their own name until age 21.
Missing a deadline can bar recovery entirely. Experienced Milford Mill medical malpractice attorneys act quickly to secure records, consult experts, and file the required Certificate of Qualified Expert before the statutory window closes.
Why Hire Schochor, Staton & Cardea for a Milford Mill Erb’s Palsy Case?
We combine experience, results, and personal commitment. Over forty years, our Maryland birth injury lawyers have tried and settled hundreds of complex malpractice claims. We know the Health Care Alternative Dispute Resolution Office’s requirements, local jury expectations, and the medical experts who can explain nerve injuries in plain English.
We work on a contingency fee. You pay nothing up-front and owe no attorney fee unless we obtain a recovery. Our Milford Mill Erb’s Palsy attorneys will meet at our Baltimore office, your home, or the hospital wherever is easiest for you.
Client Testimonials
“With Schochor, Staton, Goldberg and Cardea you receive exactly what’s needed…expert representation with integrity and professionalism at a time when you need it most.” – Stephanie
“Kerry Staton and Josh Kahn handled my case extremely well. From the first contact up to the outcome, along with team (sic), they were very professional and provided great counsel.” –Laetitia March-Nulton
Your child deserves every advantage. Let our Milford Mill Erb’s Palsy attorneys fight for the resources to make that possible. Call (443) 909-2792 or fill out our quick case review form today. Consultations are free, we cover all costs up front, and you owe nothing unless we secure compensation for your family.