Schochor, Staton, Goldberg and Cardea, P.A. has spent decades standing up for children hurt at birth. As Wheaton Erb’s Palsy lawyers, Jonathan Schochor and Kerry Staton lead our team with the single goal of winning the resources your child needs to thrive. We know that a sudden diagnosis shakes a family’s sense of safety, and we respond with clear answers, practical guidance, and relentless advocacy.
Our attorneys have recovered multimillion-dollar results in birth-injury claims nationwide, and we bring that courtroom experience to DuPage County families without charging a fee unless we succeed. If your newborn shows any sign of arm weakness, call (443) 909-2792 for a free consultation today.
What Is Erb’s Palsy?
Erb’s Palsy is a brachial-plexus nerve injury that limits a newborn’s shoulder and arm movement. The condition usually happens during a complicated vaginal delivery when the baby’s neck is stretched. Typical symptoms include a limp arm held against the body, little to no grip strength, and reduced reflexes on the affected side.
Roughly two of every 1,000 U.S. births end in Erb’s Palsy. Mild stretching heals within months, but ruptured or avulsed nerves may require surgery, years of therapy, or lifelong accommodations. Early diagnosis and intervention matter because gentle physical therapy in the first year often prevents joint contractures and muscle atrophy.
Brachial-Plexus Basics
The brachial plexus is the bundle of nerves that powers the shoulder, arm, and hand. When those nerves are stretched, torn, or detached, signals from the spine cannot reach the muscles, causing partial or complete paralysis.
Four Types of Nerve Damage
- Neurapraxia – temporary stretch, full recovery likely.
- Neuroma – scar tissue surrounds the nerve, limiting signals.
- Rupture – nerve tears, surgery often needed.
- Avulsion – nerve is pulled from the spinal cord, leaving permanent deficits.
How Delivery Errors Cause Erb’s Palsy
Delivery-room negligence causes most severe brachial plexus injuries. Obstetricians must anticipate shoulder dystocia, especially with large babies or diabetic mothers. Excessive traction on the baby’s head or misuse of forceps and vacuum extractors can tear the nerves in seconds.
Doctors have alternatives that avert nerve damage. Timely cesarean sections, proven shoulder-dystocia maneuvers, and ultrasound weight estimates reduce risk. When medical staff ignore these safeguards, the Wheaton birth-injury attorneys at Schochor, Staton, Goldberg and Cardea, P.A. move quickly to hold every responsible party liable.
Shoulder Dystocia & Excessive Traction
Shoulder dystocia occurs when the baby’s anterior shoulder lodges behind the mother’s pubic bone. Applying downward force on the head instead of repositioning the mother or baby stretches the neck by several inches, straining the brachial plexus.
Delayed or Missed Emergency C-Section
Fetal distress, macrosomia, or stalled labor signals the need for cesarean delivery. Postponing surgery in these scenarios prolongs compression inside the birth canal and raises the chance of nerve damage.
Misuse of Forceps or Vacuum Extractor
These tools save lives when used correctly, but twisting or pulling at the wrong angle adds dangerous traction to the infant’s neck.
Signs, Diagnosis and Long-Term Impact
Parents often notice Erb’s Palsy minutes after birth. The affected arm hangs limp, and the Moro reflex (startle response) appears only on one side. Pediatricians confirm the injury with physical exams and, when needed, nerve-conduction studies or MRI.
Most babies with neurapraxia regain full motion in three to six months. Rupture or avulsion may lead to muscle imbalance, scoliosis, or shoulder dislocation if untreated. Long-term therapy, tendon transfers, and nerve grafts can restore partial function, but children may face limits in sports, self-care, and employment.
Early-Warning Symptoms in Newborns
- No shoulder movement but normal finger wiggle
- Weak grip on the injured side
- Absent Moro reflex on one arm
Potential Lifelong Complications
Chronic pain, limited range of motion, and psychological effects such as decreased confidence can follow severe cases.
Illinois Birth-Injury Law at a Glance
Illinois birth-injury lawsuits rest on proving negligence, causation, and damages. Plaintiffs must file a physician-backed Certificate of Merit that states the claim has medical support. Compensation may cover every foreseeable cost linked to the injury.
The statute of limitations for medical malpractice is two years from when parents knew or should have known about negligence. Because the victim is a minor, Illinois extends the filing window to eight years after birth and never later than the child’s 22nd birthday. Missing these dates forfeits the right to recover, so swift action protects the claim.
How Deadlines Differ for Minors
Infant injuries toll the usual two-year clock, but evidence still fades with time. Medical records can be lost, and witnesses may move. Acting now preserves proof before memories dim.
Key Elements to Prove Medical Negligence
- Duty – The doctor-patient relationship existed.
- Breach – The provider deviated from accepted standards.
- Causation – The breach directly caused the brachial plexus injury.
- Damages – The child suffers measurable losses.
What Compensation Can Your Family Recover?
A fair award equips your child for a life shaped, but not limited, by Erb’s Palsy. Juries and insurers consider both out-of-pocket costs and the human fallout. When the Wheaton birth-injury lawyers at our firm quantify these losses, we aim for a result that fully restores your child’s opportunities.
Economic Damages
- Past and future medical bills
- Physical and occupational therapy
- Assistive devices or home modifications
- Lost future earnings if disability persists
Non-Economic Damages
- Pain and suffering
- Loss of normal life and enjoyment
- Emotional distress for parents and child
Future-Care Projections & Life-Care Plans
Our firm partners with pediatric rehab specialists and economists to map lifetime needs. Presenting a data-driven life-care plan justifies higher settlements and ensures no expense is overlooked.
Our Wheaton Legal Process
Our representation starts with a no-obligation case review. We collect prenatal records, delivery notes, and neonatal assessments to build a complete medical timeline. Attorney Jonathan Schochor then consults board-certified obstetric experts who pinpoint each preventable mistake.
Once liability is clear, Attorney Kerry Staton leads negotiations, anchors mediation with powerful visuals, and readies every case for trial so opponents know we will not settle for less than full justice. The Wheaton Erb’s Palsy lawyer team at Schochor, Staton, Goldberg and Cardea, P.A. uses this assertive posture to secure full compensation.
Free Case Review & Record Collection
We obtain records and absorb all up-front costs, so families never sacrifice savings for answers.
Expert Medical Partnerships
Leading obstetricians and pediatric neurologists explain how proper care would have avoided the injury.
Negotiation, Mediation & Trial Readiness
Meticulous preparation and courtroom success give us leverage that defense insurers respect.
Are There Uncommon Scenarios That Lead to Erb’s Palsy?
Some births involve atypical dangers that still demand vigilance. Breech presentations stretch nerves as the arms deliver last. Multiple births crowd the uterus, making shoulder entrapment more likely. Umbilical-cord entanglements can force hurried, high-traction extractions.
These scenarios occur less often, yet the standard of care remains the same: anticipate risks, communicate clearly, and choose the safest delivery method. When providers ignore warning signs, the Wheaton medical malpractice attorneys at our firm expose that negligence.
Can I File a Claim? What Is the Time Limit in Illinois?
Parents can file a claim when evidence shows negligent prenatal care, labor management, or post-delivery treatment caused the palsy. Illinois gives families two years from discovery and up to eight years from birth, or until age 22, for minors. A lawsuit filed after these dates will be dismissed, so contacting counsel quickly safeguards your rights.
Our attorneys arrange an immediate review of your records and secure the required Certificate of Merit from an independent physician. The Wheaton birth-injury advocates at Schochor, Staton, Goldberg and Cardea act fast to stop the clock from running out.
How Our Wheaton Erb’s Palsy Lawyers Help You
We shoulder legal burdens so families focus on healing. Our attorneys investigate root causes, calculate full damages, and press insurers to pay for every therapy session, surgery, and adaptive device a child may need.
Past cases include seven-figure recoveries for shoulder dystocia injuries, and we prepare every file as though a jury will decide the outcome. Because we work on contingency, you pay nothing unless we win.
What Should You Do Now?
Gather your child’s medical records, keep all therapy receipts, and call us. A prompt review preserves evidence and locks in your filing window. The Wheaton birth-injury legal team at Schochor, Staton, Goldberg and Cardea, P.A. is ready to explain your options today.
Dial (443) 909-2792 or submit our online form for a free, private consultation.
Client Testimonials
Our clients’ words highlight the care we provide.
“They outsourced the best experts to help every step of the way. I never had to wonder what was happening which was very calming during this stressful process. If you are looking for an Attorney who is kind and compassionate then look no further. I guarantee you won’t be disappointed if I ever need attorney in the future, I will be contacting Jim!” – Terri
“Jim Cardea’s track record for success speaks for itself. He never fails to make you feel like his number one priority, regardless of the situation. I can’t recommend Jim and SSGC enough for your malpractice needs!” – Rebecca E.