North Bethesda parents facing an Erb’s palsy diagnosis deserve answers, accountability, and lasting financial security. Our attorneys Jonathan Schochor and Kerry Staton have guided Maryland families through complex birth-injury cases for decades, recovering life-changing verdicts and settlements.
Contact (443) 909-2792 or fill out our quick form for a free case review. Our attorneys are here to fight for your child’s future.
What Is Erb’s Palsy and How Does It Affect Infants?
Erb’s palsy is a brachial plexus birth injury that weakens or paralyzes a baby’s shoulder and arm. The condition occurs when the upper network of nerves (C5–C6, sometimes C7) is stretched or torn during delivery. Roughly 1 to 2 of every 1,000 U.S. births are affected.
Early months can bring limp posture, absent Moro reflex, or a weak grasp. Some infants improve with therapy, yet many face multiple surgeries, years of occupational therapy, and limits on sports, play, and self-care. Parents carry emotional burdens as well as medical bills, making fair compensation critical to a child’s long-term independence.
How Can Erb’s Palsy Occur During Childbirth?
Erb’s palsy usually stems from avoidable delivery-room forces. Shoulder dystocia traps the infant’s shoulder behind the mother’s pelvis, and hurried staff may pull too hard. Large-for-gestational-age babies, breech or face-first presentations, and prolonged labor all heighten the risk. Excessive traction with forceps or a vacuum extractor can stretch or tear delicate nerves. Many of these emergencies can be managed safely if the team prepares for cesarean delivery or uses gentle obstetric maneuvers.
Common Birth Complications Linked to Erb’s Palsy
- Shoulder Dystocia – Shoulder caught on pelvic bone; forceful extraction injures nerves.
- Prolonged Labor / Macrosomia – Exhausted clinicians pull harder on larger babies.
- Forceps / Vacuum Use – Misplaced devices strain the neck-to-shoulder plexus.
Rare Forms of Brachial Plexus Injury
- Klumpke’s Palsy – Lower plexus damage (C8–T1) weakens hand; may cause Horner’s syndrome.
- Total Plexus Paralysis – C5–T1 tears create complete arm paralysis, demanding graft surgery.
- Bilateral Injuries – Extremely rare twin or difficult deliveries damage both arms.
What Are the Symptoms and Long-Term Effects of Erb’s Palsy?
Early signs include a flaccid upper arm, limited shoulder movement, or an asymmetrical startle reflex. Without rapid therapy, muscles shorten and joints stiffen. Surgery before a child’s first birthday can reconnect or graft nerves, yet many children still face strength deficits, chronic pain, or cosmetic differences that affect self-esteem. Ongoing therapy, adaptive devices, and emotional support help protect childhood milestones and adult career prospects.
Could Erb’s Palsy Have Been Prevented? (Signs of Medical Negligence)
Doctors and nurses are trained to predict and prevent shoulder dystocia and related injuries. Failure to screen for macrosomia, mismanaging gestational diabetes, ignoring fetal distress, delaying a necessary C-section, or applying excessive traction can breach accepted standards of care. When those standards fall, families deserve a thorough investigation and full accountability.
Who Can Be Held Responsible for an Erb’s Palsy Injury?
Parents may file a medical malpractice action against the delivering physician whose negligence caused the nerve damage. Hospitals can share liability if the doctor was an employee or if staffing, training, or supervision proved deficient. Labor nurses, midwives, or residents may also be named when their actions contribute to the injury. Our lawyers will scrutinize every chart entry, fetal monitor strip, and deposition to pinpoint fault.
What Compensation Can Families Recover?
- Medical Expenses – Past hospital bills, future surgeries, therapy, and adaptive equipment.
- Rehabilitation Costs – Physical, occupational, and speech therapy across childhood.
- Home Modifications – Ramps, specialized cribs, and mobility aids.
- Lost Future Earnings – Diminished earning capacity if permanent disability restricts work.
- Pain and Suffering – Child’s physical discomfort and emotional hardship.
- Emotional Distress – Parents’ anguish and counseling expenses.
Comprehensive compensation ensures the child receives every opportunity to thrive.
How Long Do We Have to File a Lawsuit?
Maryland generally allows five years from the injury date or three years from the discovery date, whichever is earlier. For minors, the clock pauses until the child turns eighteen, but suit must be filed by their twenty-first birthday. Prompt legal action preserves records and secures expert reviews while memories remain fresh.
Why Choose Schochor, Staton, Goldberg & Cardea for Your Erb’s Palsy Case?
Our lead trial lawyer Jonathan Schochor has secured record birth-injury verdicts across Maryland. Board-certified trial specialist Kerry Staton combines medical-procedure insight with courtroom tenacity. Together, we marshal pediatric neurologists, life-care planners, and economists to build compelling cases. We advance all costs and charge no fee unless we win.
Parents value our compassion as much as our success. We visit homes, simplify paperwork, and keep phone lines open day and night.
What Should I Expect During the Claims Process?
You start with a free, confidential consultation. Our North Bethesda birth-injury attorneys gather prenatal records, delivery notes, and imaging studies. Medical experts link improper traction or delayed cesarean decisions to your child’s nerve damage. We then present a demand package to the insurer; many cases resolve through negotiation or mediation. If trial is required, our courtroom team prepares every witness and demonstrative exhibit to tell your child’s story powerfully. Fees remain contingent on success, so families retain precious resources for care.
Local Focus Matters
Our North Bethesda Erb’s palsy clients often delivered at Suburban Hospital, Adventist Shady Grove, Holy Cross Hospital, or Walter Reed. Familiarity with these facilities, their OB protocols, and Montgomery County jury pools strengthens our strategy. The Circuit Court in Rockville, minutes from MD-355 and I-270, hears most local malpractice cases, and we appear there regularly.
Frequently Asked Questions (FAQs)
How soon should I call a lawyer?
Contact us as soon as you suspect a birth injury; early preservation of fetal monitor strips and neonatal notes is vital.
What if my baby seems to be improving?
Even mild cases can hide lifelong functional limits. A legal claim safeguards funds for future therapy if progress stalls.
How long will a lawsuit take?
Many cases settle within eighteen months; complex trials can run longer, but we press insurers to move quickly.
Speak With a North Bethesda Erb’s Palsy Attorney Today
If your child has been affected by a birth injury, don’t wait to seek the justice they deserve. Contact the dedicated team at Schochor, Staton, Goldberg & Cardea today to schedule your free consultation. We’re available 24/7 to answer your questions and begin securing the resources your child needs for a brighter future.
Your family should focus on healing, not legal stress. Call (443) 909-2792 or complete our quick form for a free case review. We serve North Bethesda, Bethesda, Rockville, Silver Spring, Potomac, and every corner of Montgomery County. You are not alone. Our attorneys stand ready to fight for your child’s future.