After a prolonged labor which did not result in a vaginal delivery and despite the deteriorating fetal heart monitor strips, this patient's OBGyn doctor elected to deliver the baby by use of a vacuum cup attached to the baby's head. Three attempts were made trying to pull the baby from the uterus using a vacuum extractor, all of which failed. During this time, the baby's heart rate continued to decline and she suffered a severe lack of oxygen. Finally, the decision was made to perform an emergency c-section. This baby girl suffers from spastic quadriplegic cerebral palsy, microcephaly and severe mental retardation. The court rejected defendants' efforts to compel arbitration.