Montgomery Village Erb’s Palsy lawyer Jonathan Schochor and birth-injury attorney Kerry Staton have spent more than three decades helping parents discover what went wrong in the delivery room and holding negligent providers accountable.
We have recovered hundreds of millions of dollars for Maryland children injured at birth, and we bring that same relentless advocacy to every Montgomery County family that calls (443) 909-2792.
What Is Erb’s Palsy and Why Does It Happen?
Erb’s palsy is a brachial-plexus nerve injury that weakens or paralyzes a newborn’s shoulder and arm. Around 1-2 of every 1,000 births experience this damage, often signaled by the classic “waiter’s-tip” posture, limp upper arm, or poor grasp reflex.
The condition usually results from excessive traction on the baby’s neck and shoulder during delivery. Common risk factors include:
- Shoulder dystocia (the shoulder wedged behind the mother’s pelvic bone)
- Macrosomic or post-term babies that are unusually large
- Breech, face-first, or vacuum/forceps-assisted deliveries
- Delayed decision to perform a C-section
Left untreated, the child may face years of physical therapy, nerve-grafting surgery, or lifelong functional limits.
Could Erb’s Palsy Have Been Prevented?
Most brachial-plexus injuries are preventable when caregivers follow established obstetric protocols. Proper use of the McRoberts maneuver, prompt episiotomy, or timely C-section usually relieves shoulder dystocia without forceful pulling. When doctors ignore these guidelines or rush instrumented deliveries, unnecessary stretching can permanently injure delicate nerves. Prevention hinges on vigilant fetal monitoring and decisive action. Failure to act is medical negligence.
Other Brachial-Plexus Injuries Beyond Erb’s Palsy
Birth trauma can injure more than the upper plexus:
- Klumpke’s palsy – Lower-plexus damage causing hand paralysis and “claw” fingers.
- Total plexus palsy – Complete arm paralysis from root to hand, sometimes seen in difficult twin extractions.
- Bilateral brachial-plexus injury – Rare damage to both arms that may follow breech deliveries or prolonged second stages of labor.
Recognizing the specific injury guides early therapy and shapes any malpractice claim.
Can We Sue for My Child’s Erb’s Palsy?
Yes. Maryland law lets parents file a malpractice suit when medical negligence causes a preventable brachial-plexus injury. To win, we must prove:
- Duty of care by the doctor or hospital
- Breach of that duty through unreasonable actions or inaction
- Direct causation of the injury
- Specific damages to the child or family
The Montgomery Village Erb’s Palsy attorneys at Schochor, Staton, Goldberg & Cardea handle every step, collecting records, securing the required Certificate of Qualified Expert, and fronting all litigation costs until recovery.
What Compensation Can Erb’s Palsy Families Recover?
Maryland allows full recovery of economic damages with no cap:
- Past and future medical care, surgeries, and therapy
- Adaptive equipment and home or vehicle modifications
- Special education and vocational support
- Lost wages for parents who reduce work to provide care
- Estimated future earning losses for the child
Non-economic damages (pain, suffering, loss of life’s pleasures) are capped at about $905,000 in 2025, but they still represent a vital acknowledgment of a child’s restricted opportunities.
How Long Do We Have to File an Erb’s Palsy Lawsuit?
Maryland’s statute of limitations for birth injuries is strict. Under Courts & Judicial Proceedings § 5-109, a claim must be filed within five years of the injury or three years from when it was discovered—and, for minors, no later than the child’s 11th birthday. Evidence disappears and memories fade quickly, so the Montgomery Village birth-injury attorneys at our firm urge families to act now.
How Can a Montgomery Village Erb’s Palsy Lawyer Help My Family?
Our investigation begins the moment you hire us. Attorney Jonathan Schochor assembles prenatal records, fetal heart tracings, and delivery notes, while attorney Kerry D. Staton consults top pediatric neurologists and OB/GYN experts to reconstruct what happened minute by minute. We:
- Pinpoint every deviation from the standard of care
- Identify all responsible parties—physicians, nurses, hospitals
- Prepare a compelling damages model showing lifetime costs
- Negotiate aggressively and, if necessary, present a clear story to a Montgomery County jury
We work on a contingency fee, so you owe nothing unless we obtain compensation.
What Should I Do Right Now?
- Seek a pediatric neurologist to document nerve damage immediately.
- Collect all medical records—labor notes, operative reports, NICU summaries.
- Record your memories of the delivery while details remain fresh, especially any mention of shoulder dystocia, vacuum attempts, or multiple traction pulls.
- Call us at (443) 909-2792 for a free, confidential consultation. Early action protects your child’s rights.
Who Are the Attorneys at Schochor, Staton, Goldberg & Cardea?
Jonathan Schochor and Kerry Staton are nationally recognized trial lawyers with 35+ years of birth-injury litigation. Jonathan has twice been named an Elite Trial Lawyer, while Kerry is a Super Lawyers Top 100 honoree who has secured multiple eight-figure verdicts.
Testimonials
“I am grateful that this team of experts represented me with integrity and professionalism. 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 D.
“Highly recommend Jim Cardea and his staff. Kept me up to date at all times. Gathered everything they needed early on and didn’t have to keep contacting me for additional details or info. Very pleasant and easy to deal with. Very happy and if I need attorney in the future, I will be contacting Jim!” – Phil G.
Where We Are and Who We Serve
Our office at 1211 St Paul St, Baltimore is an easy drive down I-270 and MD-124 from Montgomery Village. We regularly meet clients in Gaithersburg, Germantown, Crown, Kentlands, Watkins Mill, Travilah, and Rockville. Many of our cases arise from deliveries at Shady Grove Medical Center, Holy Cross Germantown Hospital, and Suburban Hospital in Bethesda—facilities that together handle roughly 11,000 births every year.
Frequently Asked Questions (FAQs)
Can Erb’s palsy heal on its own?
Some infants regain strength within months, but moderate to severe injuries often require surgery or lifelong therapy.
What if the doctor denies negligence?
Our Maryland brachial-plexus lawyers use independent specialists, deposition testimony, and delivery-room data to prove what really occurred.
How long will a lawsuit take?
Most cases resolve within 18–30 months, but complex trials can extend longer. We push for fair settlements yet prepare every file for court.
Ready to Talk?
Call (443) 909-2792 or fill out our quick form. Attorney Kerry Staton or attorney Jonathan Schochor will personally review your case and explain your options. You pay nothing unless we win, and we travel anywhere in Montgomery County to serve you.