The Potomac Erb’s palsy attorneys at Schochor, Staton, Goldberg and Cardea, P.A. fight for children whose brachial-plexus injuries were preventable. We have recovered more than $1 billion for birth-injury clients, and we offer every family a free, confidential case review.
Potomac Erb’s palsy attorneys Jonathan Schochor and Kerry Staton fight for children whose brachial-plexus injuries were preventable, and we are ready to review your case at no cost today. Call (410) 234-1000 or send us a message 24/7 to schedule a free consultation.
Why Parents Search “Potomac Erb’s Palsy Lawyer”
Parents look for legal help when an unexpected injury changes a newborn’s future. Potomac families deliver at busy hospitals like Shady Grove Medical Center and Holy Cross Germantown, which together serve roughly 11,000 Montgomery County births each year. Even one negligent delivery can burden a household with lifelong medical bills and emotional strain, so fast answers matter.
Quick Guide: What Is Erb’s Palsy?
Brachial-Plexus Anatomy & Typical Symptoms
Erb’s palsy is a brachial-plexus nerve injury that weakens or paralyzes a baby’s upper arm. The C5–C6 nerves near the neck control shoulder and elbow movement; traction during delivery can stretch or tear them.
Long-Term Outlook & Therapies
Mild cases may improve with daily physical therapy, but severe avulsions often require nerve-graft surgery. Children may face limited arm function, muscle atrophy, and self-esteem challenges, which is why early intervention is critical.
Could Medical Negligence Be the Cause?
Shoulder Dystocia & Excessive Traction
When a baby’s shoulder lodges behind the pubic bone, doctors must follow well-known dystocia protocols. Excess force can overstretch fragile nerves and create Erb’s palsy.
Misuse of Forceps or Vacuum
Obstetric teams use instruments to guide difficult births, but improper placement or angle increases nerve injury risk. Standard of care demands gentle, controlled traction.
Failure to Perform Timely C-Section
Electronic fetal monitoring warns clinicians when labor stalls. A delayed C-section can prolong compression and magnify traction forces, leading to permanent damage.
Other Delivery-Room Errors
Undiagnosed breech presentations, understaffed delivery suites, or ignored risk factors—for example, macrosomia—also contribute to preventable brachial-plexus injuries.
Your Legal Rights Under Maryland Law
Elements of Malpractice
A successful claim proves duty, breach, causation, and damages. Medical records and expert opinions tie unsafe delivery tactics directly to the child’s injury.
Statute of Limitations & Tolling Rules — § 5-109
Maryland allows birth-injury lawsuits until a child’s 11th birthday or within five years of the injury, whichever is sooner. Filing earlier preserves evidence and expert availability.
Certificate of Qualified Expert Requirement
Plaintiffs must file an affidavit from a board-certified specialist within 90 days of serving suit. Our firm maintains long-standing relationships with neonatal and obstetric experts who satisfy this rule.
Damage Caps & Exceptions — § 3-2A-09
Maryland caps non-economic damages (roughly $905,000 in 2025) but does not cap economic losses such as lifetime care costs. Knowing this cap shapes negotiation strategy.
Damages Your Family May Recover
Lifetime Medical & Therapy Costs
Erb’s palsy often requires years of occupational therapy, orthopedic care, and assistive devices. A life-care plan quantifies those future expenses.
Home Modifications & Assistive Tech
Wheelchair ramps, one-handed adaptive equipment, and vehicle retrofits restore independence and belong in the compensation demand.
Non-Economic Losses
Pain, frustration, lost enjoyment, and diminished earning capacity weigh heavily on juries and influence settlement value.
