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 (410) 234-1000.
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.
