Our Severn Erb’s palsy attorneys have devoted decades to holding negligent medical providers accountable. Jonathan Schochor, a nationally recognized birth-injury litigator, and Kerry Staton, a veteran Severn brachial plexus injury lawyer, lead every case our firm accepts.
We have recovered hundreds of millions for injured children since 1984 and maintain an in-house medical team that pinpoints the exact moment hospital errors caused harm.
Although our main office sits at 1211 St Paul St., Baltimore, we routinely drive to Severn, Odenton, Fort Meade, and Hanover, or meet families virtually, because every minute matters when a baby’s future is at stake. Most importantly, we handle cases on a contingency fee basis: you owe nothing unless we win. Call (410) 234-1000 today for a free consultation.
What Is Erb’s Palsy and How Does It Affect a Newborn?
Erb’s palsy is a brachial plexus nerve injury that weakens or paralyzes a newborn’s shoulder and arm. Parents often notice a limp arm, an absent startle reflex on one side, or the classic “waiter’s-tip” posture. Roughly 1–3 of every 1,000 births result in Erb’s palsy. While many babies regain strength with therapy, severe tears may cause lifelong disability or require nerve-graft surgery.
What Causes Erb’s Palsy in Newborns?
Erb’s palsy usually stems from avoidable mistakes in the delivery room.
Common negligence-related causes include:
- Excessive traction during shoulder dystocia – pulling too hard on the baby’s head or neck.
- Misuse of forceps or vacuum extractors – improper angle or force can shred fragile nerves.
- Failure to order a timely C-section for macrosomic babies – large infants face higher risk of shoulder entrapment.
- Rough breech extraction – tugging on arms or legs in breech deliveries overstretches the plexus.
Competent obstetricians anticipate these dangers, employ gentle maneuvers, or choose surgery. When they don’t, nerve damage is the predictable, preventable result.
Could Proper Medical Care Have Prevented My Child’s Injury?
Most Erb’s palsy cases are preventable when doctors follow established safety protocols.
Risk factors such as gestational diabetes, abnormal fetal position, or prolonged labor should trigger early intervention or elective C-section.
If your provider ignored those warnings or used excessive force, your baby’s injury was not an unavoidable complication. It was medical malpractice. We encourage you to have our Severn birth injury lawyers review the records immediately.
Are There Uncommon Forms of Brachial Plexus Injury?
A seasoned Severn Erb’s palsy attorney understands every variant:
- Klumpke’s palsy – lower-plexus damage causing hand weakness and possible Horner’s syndrome.
- Total plexus paralysis – injury to all five nerve roots (C5–T1) leaving the entire arm immobile.
- Bilateral injuries – exceptionally rare cases where both arms suffer trauma during complicated twin or breech deliveries.
Regardless of rarity, the functional and emotional toll on a family is profound—and fully deserving of legal redress.
Can We Sue the Doctor or Hospital for Causing Erb’s Palsy?
Parents have the right to file a medical malpractice claim when negligent care injures a child.
Our investigation targets every liable party, from the delivering OB/GYN to assisting nurses and the hospital itself, and proves four elements:
- Duty of care.
- Breach of that duty.
- Causal link between the breach and the nerve injury.
- Measurable damages to your child and family.
Jonathan Schochor, Severn Erb’s palsy lawyer, partners with pediatric neurology experts who testify that correct technique would have prevented the damage. We handle all filings, including Maryland’s required Certificate of Qualified Expert.
