HONOLULU (KHON2) — A $15 million provisional settlement has been reached over injuries during a childbirth at Tripler Army Medical Center, according to federal court documents.

Sean and Carolyn Galbreath alleged the doctors at Tripler Army Medical Center who delivered their son on Feb. 17, 2018 started the c-section too late which injured the baby.

Download the free KHON2 app for iOS or Android to stay informed on the latest news

“There is clear evidence that the baby was in distress,” said Janice Heidt, the family’s attorney. “The fetal heartrate monitor was showing that his heartrate was depressed, and he wasn’t coming back up as it should’ve. So they should’ve called for the c-section at that point and they waited for quite a while.”

The boy is now 4 years old.

The settlement is split between upfront cash, attorney’s fees, and a $7.5 million annuity.

This still needs approval by the Assistant U.S. Attorney General in Washington.

As part of the agreement, Tripler Army Medical Center is not admitting fault or liability.

KHON2 reached out to Tripler Army Medical Center for a statement and did not hear back.

What’s going on around the globe. Find out in International News

The family’s attorneys said the value could top $38 million over the child’s lifetime.