Jonathan Schochor and Kerry Staton have devoted more than four decades to Maryland birth-injury litigation, securing over $750 million for children harmed during delivery. We maintain a Baltimore headquarters just 25 minutes up MD-32 from Odenton, and we routinely meet families from Fort Meade, Severn, Crofton, and the wider Anne Arundel community in person or virtually.
Our board-certified obstetrical experts, in-house medical investigators, and multilingual staff let us “speak doctor” while you focus on your child’s recovery. We charge no fee unless we win and every new matter starts with a free case review.
Call (410) 234-1000 or send us a quick message for your free case review with Odenton birth-injury attorneys Jonathan Schochor or Kerry Staton so we can start moving your family toward the compensation and peace of mind your child deserves.
What is Erb’s Palsy and how does it affect infants?
Erb’s palsy, sometimes called Erb-Duchenne palsy, is a brachial-plexus birth injury that damages the C5-C6 nerves controlling a baby’s shoulder and upper arm. Newborns often present with a limp arm, a weak grip, or the classic “waiter’s-tip” posture where the palm faces backward. Severe cases may limit sensation, muscle growth, and lifelong range of motion. Early diagnosis and therapy improve outcomes, but permanent disability can occur when the injury is missed or untreated.
How does Erb’s Palsy occur during childbirth?
Erb’s palsy usually occurs when excessive force stretches a baby’s neck or shoulder during delivery.
- Shoulder dystocia happens when the baby’s shoulder lodges behind the mother’s pelvis, and pulling too hard tears nerves.
- Breech deliveries risk injury when the head is last to emerge and traction is applied the wrong way.
- Forceps or vacuum extractors can grip too tightly or at the wrong angle if the clinician does not follow accepted standards of care.
Most of these scenarios are preventable with timely decision-making, proper maneuvers, or a prompt cesarean section. When providers ignore warnings or use excessive traction, Maryland law may consider the error of medical negligence.
What risk factors increase the chance of Erb’s Palsy?
Large babies, maternal diabetes, prolonged labor, a first-time mother with a narrow pelvis, or planned use of forceps or vacuum all heighten brachial-plexus injury risk. A competent obstetric team identifies these red flags, counsels families, and prepares alternate delivery plans such as an elective C-section. When those precautions are skipped and injury results, our Odenton Erb’s Palsy attorneys at Schochor, Staton, Goldberg & Cardea, P.A. investigate whether better choices would have avoided harm.
What types of brachial-plexus birth injuries exist?
- Erb’s Palsy (upper plexus, C5-C6) – The common form, often showing the “waiter’s-tip” arm.
- Klumpke’s Palsy (lower plexus, C8-T1) – Rare; affects the hand and may cause Horner’s syndrome.
- Total Plexus Paralysis (C5-T1) – All nerve roots are torn; the entire arm is paralyzed.
- Bilateral Plexus Injury – Extremely uncommon damage to both arms during a traumatic birth.
- Neurapraxia vs. Avulsion – Nerves may be mildly stretched and heal, or completely torn and require grafts.
Because each pattern demands different surgical windows and therapies, Odenton birth-injury lawyer Kerry Staton builds a medical timeline with pediatric neurologists so parents understand treatment choices and legal deadlines.
What compensation can a family seek for an Erb’s Palsy injury?
Maryland law allows recovery of both economic and non-economic losses:
- Medical expenses for surgeries, hospitalizations, and lifelong therapy.
- Rehabilitation and adaptive equipment such as braces or assistive devices.
- Pain and suffering for the child’s loss of normal use and the family’s emotional distress (currently capped near $860,000).
- Diminished earning capacity if a permanent impairment limits future work.
- Parents’ lost income when caregiving forces a career hiatus.
A detailed life-care plan prepared by our forensic economists helps the jury or insurer understand the true cost of a lifetime disability.
How long do Odenton parents have to file an Erb’s Palsy claim?
Maryland’s statute of limitations requires medical malpractice lawsuits within five years of the injury or three years from when the injury is discovered. Birth-injury claims may be filed until the child’s 11th birthday, yet critical delivery evidence can disappear quickly. Odenton Erb’s Palsy attorney Jonathan Schochor urges families to begin the investigation now, not years later.
