MEMORANDUM OPINION
I. Introduction
This action arises out of the devastating 1983 bombing of the U.S. Marine barracks in Beirut, Lebanon. The attack decimated the facility, killed 241 U.S. servicemen and left countless others wounded. Various affected servicemen and family members now bring suit against defendants Islamic Republic of Iran (“Iran”) and the Iranian Ministry of Information and Security (“MOIS”). Their action is brought pursuant to the state-sponsored exception tо the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. §§ 1330, 1602 et seq., which was enacted as part of the National Defense Authorization Act for Fiscal Year 2008 (“NDAA”). Pub.L. No. 110-181, § 1083, 122 Stat. 3, 338-44 (2008). That provision, codified at 28 U.S.C. § 1605A, provides “a federal right of action against foreign states” that sponsor terrorist acts. Haim v. Islamic Republic of Iran,
II. Liability
On February 1, 2010, this Court took judicial notice of the findings of fact and conclusions of law in Peterson v. Islamic Republic of Iran and Boulos v. Islamic Republic of Iran, which also concern the Marine barracks bоmbing, and entered judgment in favor of the plaintiffs and against Iran and MOIS with respect to all issues of liability. Davis v. Islamic Republic of Iran, No. 1:07-cv-01302-RCL, ECF No. 27 (D.D.C. Feb. 2, 2010). This Court then referred this action to a special master for consideration of plaintiffs’ claims for damages Id., ECF No. 29. Since the issue of liability has been previously settled, this Court now turns to examine the damages recommended by the special master.
III.Damages
Damages available under the FSIA-сreated cause of action “include economic damages, solatium, pain and suffering, and punitive damages.” 28 U.S.C. § 1605A(c). Accordingly, those who survived the attack may recover damages for their pain and suffering, as well as any other economic losses caused by their injuries; estates of those who did not survive can recover economic losses stemming from wrongful death of the decedent; family members can recover solatium for their emotional injury; and all plaintiffs can recover punitive damages. Valore v. Islamic Republic of Iran,
“To obtain damages against defendants in an FSIA action, the plaintiff must prove that the consequences of the defendants’ conduct were ‘reasonably certain (i.e., more likely than not) to occur, and must prove the amount of the damages by a reasonаble estimate consistent with this [Circuit’s] application of the American rule on damages.’ ” Salazar v. Islamic Republic of Iran,
The Court hereby ADOPTS, just as it did in Peterson II, Valore, Bland, Anderson, and OBrien all facts found by and recommendations mаde by the special master relating to the damages suffered by all plaintiffs in this case. Id. at 52-53; Valore,
A. Pain and Suffering of Survivors
Assessing appropriate damages for physical injury or mental disability can depend upon a myriad of factors, such as “the severity of the pain immediately following the injury, the length of hospitalization, and the extent of the impairment that will remain with the victim for the rest of his or her life.” Peterson II,
Again, this Court ADOPTS all of special master awards for pain and suffering unless otherwise discussed below:
The special master recommends a $5 million pаin and suffering award for serviceman Gary Wayne Allison. Report of Special Master Concerning Counts LIII-LVI [ECF No. 76], at 9. Mr. Allison suffered hearing loss and severe PTSD as a result of the bombing. Id. at 7. In light of the less severe nature of his physical injuries, while not ignoring his severe emotional injuries, the Court finds a more
The special master recommends a $5 million pain and suffering award for serviceman John W. Nash. Report of Spеcial Master Concerning Counts CXII-CXVI [ECF No. 109], at 31. Mr. Nash was “covered in cuts and bruises by the blast, and coated in gray dust and debris from the building, but [was] otherwise unharmed.” Id. at 7. In light of the less severe nature of his physical injuries, while not ignoring his severe emotional injuries, the Court finds a more appropriate pain and suffering award to be $2 million.
The special master recommends a $3 million pain and suffering award for serviceman Charles Simmons. Report of Special Master Concerning Count CLII-CLV [ECF No. 40], at 10. Mr. Simmons was “asleep in his tent with several other motor pool staff at the time of the bombing.” Id. at 5. While the record reflects that Mr. Simmons suffered severe emotional injuries, it does not reflect that he suffered any physical injury, and therefore the Court finds a more appropriate pain and suffering award to be $1.5 million.
The spеcial master recommends a $5 million pain and suffering award for serviceman Thomas Andrew Walsh. Report of Special Master Concerning Counts CLXV-CLXIX [ECF No. 105], at 19. Mr. Walsh suffered hearing loss and severe PTSD as a result of the bombing. Id. at 5-6. In light of the less severe nature of his physical injuries, while not ignoring his severe emotional injuries, the Court finds a more appropriate pain and suffering award to be $2 million.
The special master recommends a $5 million pain and suffering award for serviceman Gerald Wilkes, Jr. Report of Special Master Concerning Counts CLXXV-CLXXIX [ECF No. 112], at 11. While the record reflects that Mr. Wilkes suffered severe emotional injuries, it does not contain any medical evidence that he suffered physical injury, and therefore the Court finds a more appropriate pain and suffering award to be $1.5 million.
The special master recommends a $2 million pain and suffering award for serviceman Michael Corrigan. Report of Special Master Concerning Counts LXXLXXII [ECF No. 38], at 10. Mr. Corrigan was stationed on the USS Iowa Jima at the time of the attack, but participated extensively in the rescue operations. Id. at 4. He later received a 70% VA disability rating. Id. at 7. While the record reflects that Mr. Corrigan suffered severe emotional injuries, it does not rеflect that he suffered any physical injury, and therefore the Court finds a more appropriate pain and suffering award to be $1.5 million.
B. Economic Loss
In addition to pain and suffering, several plaintiffs who survived the attack and the estates of several survivors have proven to the satisfaction of the special master, and thus to the satisfaction of the Court, lost wages resulting from permanent and debilitating injuries suffеred in the attack or loss of accretions to the estate resulting from the wrongful death of decedents in the attack. See Valore,
C. Solatium
This Court developed a standardized approach for FSIA intentional infliction of emotional distress, or solatium, claims in Heiser v. Islamic Republic of Iran, where it surveyеd past awards in the context of deceased victims of terrorism to determine
In applying this framework, however, courts must be wary that “[t]hese numbers ... are not set in stone,” Murphy v. Islamic Republic of Iran,
This Court ADOPTS all of the facts found and recommendations made by the special master concerning solatium awards unless otherwise discussed below:
1. After-Born Children of Surviving Servicemen
The Restatement (Second) of Torts § 46 has traditionally guided this Court in deciding who has standing to recover solatium damages in FSIA § 1605A cases. See Heiser v. Islamic Republic of Iran (Heiser II),
(1) One who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subjeсt to liability for such emotional distress, and if bodily harm to the other results from it, for such bodily harm.
(2) Where such conduct is directed at a third person, the actor is subject to liability if he intentionally or recklessly causes severe emotional distress
(a) to a member of such person’s immediate family who is present at the time, whether or not such distress results in bodily harm, or
*15 (b) to any other person who is present at thе time, if such distress results in bodily harm.
In the terrorism context, this Court has strictly interpreted § 46(2)(a)’s “immediate family” requirement while loosely interpreting its “presence” requirement. Valore,
This Court has not yet specifically considered whether FSIA § 1605A(c) allows surviving servicemen’s children born after the date of the bombing — October 23, 1983 — to collect solatium awards (referred to by the special master and this Court as “after-born children”). The special master found that Iran’s actions “were of such a nature that their effect continued bеyond the immediacy of the October 1983 bombing.” Report of Special Master Concerning Counts CXCVIII, [ECF No. 116], at 10. Therefore, the special master recommends solatium awards for various plaintiffs who are after-born children.
While this Court agrees with the special master that the bombing’s impact on the surviving servicemen and their families continued long after the attack, Restatement § 46 requires that the bombing be “directed at a third person.” (emphasis added). It is true that “a terrorist attack — by its nature — is directed not only at the victim but also at the victims’ families.” Heiser,
Therefore, the following after-born children plaintiffs are DISMISSED: Marvin Albright, Jr., Shateria Albright, Mark E. Bartholomew, Michelle Burnette, Evan Burnette, Christopher Eaves, India Eaves, Joseph Matthew Gаrner, Justina Nicole Garner, Reva Paige Garner, Estate of Chadwick Matthews, Drew Matthews, Abigail Elizabeth Santos, Alexandra Elizabeth Santos, Cooper Jeffrey Santos, Libbi Elizabeth Santos, Lilli Elizabeth Santos, Gerald Wilkes III, Justin Wilkes, Joshua Wilkes, and Elizabeth M. Struble.
2. Solatium Awards Exceeding Pain and Suffering Awards
In Bland and OBrien this Court held that it is inappropriate for the solatium awards of family members to exceed the pain and suffering awards of the surviving servicemen. Bland,
[14] Two family groupings deserve further discussion. The special master recommends a $5 million pain and suffering award for serviceman John W. Nash. Report of Special Master Concerning Counts CXII-CXVI [ECF No. 109], at 31. Mr. Nash was “covered in cuts and bruises by the blast, and coated in gray dust аnd debris from the building, but [was] otherwise unharmed.” Id. at 7. In light of the less severe nature of his physical injuries, while not ignoring his severe emotional injuries, the Court reduced his pain and suffering award to $2 million. See supra Part III.A. Therefore, John’s parents, Rose Ann Nash and the Estate of Frank E. Nash, will receive reduced awards of $1 million each, and his siblings, William H. Nash, Mark S. Nash, Frank E. Nash, Jr., Jaklyn Milliken, and Rosemarie Vilet, will receive reduced awards of $650,000 each.
Second, the special master recommends a $5 million pain and suffering award for serviceman Thomas Andrew Walsh. Report of Special Master Concerning Counts CLXV-CLXIX [ECF No. 105], at 19. Mr. Walsh suffered hearing loss and severe PTSD as a result of the bombing. Id. at 5-6. In light of the less severe nature of his physical injuries, while not ignoring his severe emotional injuries, the Court reduced his pain and suffering award to $2 million. See supra Part II I.A. Therefore, his parents, Charles Walsh and Ruth Walsh, will receive reduced awards of $1 million each, and his siblings, Pat Campbell, Rachel Walsh, Timothy Walsh, Michael Walsh, and the Estate of Sean Walsh, will receive reduced awards of $650,000 each.
3. Corrections
In a number of situations, the special master indicates no intent to depart from this Court’s established damages framework, but nonetheless recommends awards inconsistent with the framewоrk. Therefore, the Court will correct the following awards to conform them to this Court’s past damages awards:
Mecot Echo Camara, child of decedent, $5,000,000 award reduced to $3,000,000; Dale and Tommy Comes, siblings of survivor, $2,500,000 award reduced to $1,250,000;
Susan Baker, child of decedent, $5,000,000 award reduced to $3,000,000; Regina Periera, child of decedent, $5,000,000 award reduced to $3,000,000; Cindy Colasanti, child of decedent, $5,000,000 award reduced to $3,000,000; Jack Darrell Hunt, child of survivor, $2,500,000 award reduced to $1,500,000; Mendy Leight Hunt, child of survivor, $2,500,000 award reduced to $1,500,000; Molly Fay Hunt, child of survivor, $2,500,000 award reduced to $1,500,000; Jacqueline Gibson, child of survivor, $2,500,000 award reduced to $1,500,000; Samantha Stowe, child of decedent, $5,000,000 award reduced to $3,000,000; Henry Townsend, Sr., father of decedent, $8,000,000 award reduced to $5,000,000;
*17 Lillian Townsend, mother of decedent, $8,000,000 award reduced to $5,000,000; Kawanna Duncan, сhild of decedent, $5,000,000 award reduced to $3,000,000.
Additionally, the Court DISMISSES the claims of Tracy Ann Santos, Sandra Rivers and Sylvia Eaves because they were not married to the servicemen at the time of the attack and therefore do not qualify as “immediate family” for the purposes of recovery. Peterson II,
D. Punitive Damages
In assessing punitive damages, this Court has observed that any award must balance the concern that “[r]ecurrеnt awards in case after case arising out of the same facts can financially cripple a defendant, over-punishing the same conduct through repeated awards with little deterrent effect....,” Murphy,
IV. CONCLUSION
In closing, the Court applauds plaintiffs’ persistent efforts to hold Iran and MOIS accountable for their support of terrorism. The Court concludes that defendants Iran and MOIS must be punished to the fullest extent legally possible for the bombing in Beirut on October 23, 1983. This horrific and cowardly act impacted countless individuals and their families, many of whom receive awards in this lawsuit. This Court hopes that the victims and their families may find some measure of solace from this Court’s final judgment. For the reasons set forth above, the Court finds that defendants are responsible for plaintiffs’ injuries and thus liable under the FSIA’s state-sponsored terrorism exception for $486,918,005 in compensatory damages and $1,674,997,937 in punitive damages, for a total award of $2,161,915,942.
A separate Order and Judgment consistеnt with these findings shall be entered this date.
SO ORDERED.
ORDER AND JUDGMENT
In accordance with the Memorandum Opinion issued this date, it is hereby
ORDERED that final judgment is entered in favor of plaintiffs and against all defendants; it is furthermore
ORDERED that plaintiffs are awarded $486,918,005 in compensatory damages and $1,674,997,937 in punitive damages, for a total award of $2,161,915,942 to be distributed as follows:
ORDERED that defendants shall be liable, jointly and severally, for the entire $2,161,915,942 amount; it is furthermore
ORDERED thаt the claims of the following plaintiffs are DISMISSED WITHOUT PREJUDICE for failure to prosecute: Merequin Albright, Anthony Banks, Jr., Theresa Briggs, Elisa CamaraThompson, Estate of Frances Eaves, Estate of Nina Eaves Stockwell, Harvey Martin Bastían, Charles Frye, Jr., Gina Frye, Lincoln Frye, Randall Frye, Donald Hammons, Marcy Elizabeth Hunt, Jeremy Rivers, Paul Rivers, Richard Lynde Foley, Cassie Lemire, Thomas Sharp, Davene Sharp, Andrew K. Westrick, Aaron M. Westrick, Michael Zilka, Jr., Courtney Zilka, Christopher Zilka, Myriah Zilka; it is furthermore
ORDERED that the claims of the following after-born children plaintiffs are DISMISSED WITH PREJUDICE: Marvin Albright, Jr., Shateria Albright, Mark E. Bartholomew, Michelle Burnette, Evan Burnette, Christopher Eaves, India Eaves, Joseph Matthew Garner, Justina Nicole Garner, Reva Paige Garner, Estate of Chadwick Matthews, Drew Matthews, Abigail Elizabeth Santos, Alexandra Elizabeth Santos, Cooper Jeffrey Santos, Libbi Elizabеth Santos, Lilli Elizabeth Santos, Gerald Wilkes III, Justin Wilkes, Joshua Wilkes, Elizabeth M. Struble; it is furthermore
ORDERED that the claims of the following spouses who were unmarried to the injured servicemen at the time of the attack are DISMISSED WITH PREJUDICE: Tracy Ann Santos, Sandra Rivers, and Sylvia Eaves; it is furthermore
ORDERED that plaintiffs shall forthwith, at their own cost and consistent with
This is a final, appealable order. See Fed. R. App. P. (4)(a).
SO ORDERED.
