The infant suffered severe and worsening fetal distress with perinatal depression, hypoxia, and resultant asphyxia. The mother of the infant was admitted at 38 5/7 weeks gestation and presented with Oligohydramnios which predisposed this patient to possible cord compression and hypoxia during labor. The mother had a significant prenatal history of ongoing gestational diabetes. It was claimed that repeated concerning abnormalities on the fetal monitoring strips were ignored until finally the heart rate was very low and showed almost no variability with contractions. We contended that these non-reassuring tracings were indicative of ongoing fetal distress and that the attending should have responded to his call in a timely fashion and delivered by earlier C- Section. We also retained a Pediatric neurologist who discussed the post-delivery pathology which clearly substantiated our claim of prolonged fetal distress and the manner that this directly caused severe developmental delays including both motor and intellectual deficits.