Government lawyers will be asking a federal judge Monday to approve a $9 million settlement over an alleged botched childbirth at Tripler Army Medical Center.

The proposed settlement is for a lawsuit brought by the parents of Noah Whitney, who was born at Tripler on Nov. 9, 2010.

According to the lawsuit filed in U.S. District Court by Laura and Richard Whitney, Noah suffers from a type of cerebral palsy that causes involuntary muscle spasms and developmental delays because of missteps by hospital staff during his mother’s labor and delivery.

Mark Davis, the Whitneys’ lawyer, said Noah will require around-the-clock care for the rest of his life and has and will continue to experience severe physical and emotional pain.

Assistant U.S. Attorney Harry Yee, who represents the hospital, did not return telephone calls from the Honolulu Star-Advertiser seeking comment.

Laura Whitney had four miscarriages before her pregnancy with Noah, the lawsuit says. To prevent a fifth miscarriage, she had undergone a procedure to keep her cervix closed until she was ready to give birth. She was also carefully monitored with weekly obstetrical visits, cervical checks, frequent ultrasounds, steroids and weekly progesterone injections.

She was scheduled to give birth to Noah by cesarean section on Sept. 10, but went to Tripler on Sept. 7 because she was experiencing severe, sharp abdominal pain, according to the lawsuit.

The Whitneys allege that the Tripler staff failed to promptly diagnose and appropriately respond to a rupture to Laura Whitney’s uterus and failed to perform continuous external fetal monitoring, which would have told them that Noah’s heart had stopped. They also claim that hospital staff failed to notify Whitney’s prenatal care obstetrician when she showed up at Tripler.

According to the lawsuit, by the time Tripler doctors performed an emergency C-section, Noah had already experienced an interruption or reduction of oxygen to his brain.

Monday won’t be the first time the government has asked a federal judge to approve a settlement for the Whitney lawsuit.

U.S. Magistrate Judge Richard L. Puglisi approved a different $9 million deal in November after government lawyers in Hawaii and attorneys for the Whitneys told him they had reached an agreement. In January, Yee informed Puglisi that U.S. Department of Justice officials in Washington had rejected the settlement agreement.

The agreement would have required the government to make a $5 million lump sum payment to the Whitneys and a $4 million payment into a trust fund that was to make monthly annuity payments for Noah’s medical care for the next 20 years or the rest of his life, whichever is greater.

The new agreement still needs DOJ approval. However, Davis is optimistic that Justice Department officials in Washington will find the latest $9 million deal more to their liking.

“It’s an all-cash settlement,” he said.

Yee told another federal judge last month that the government and the parents of a 4-month-old girl who was taken off life support at Tripler in October 2012 after apparent respiratory failure reached a $1.3 million settlement. And because the settlement amount is more than $1 million, it too requires the approval of DOJ officials in Washington.