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, and caused injuries to the servicemen who are a part of this action. The servicemen, joined by various family members, now bring suit against defendant Islamic Republic of Iran (“Iran”) and the Iranian Ministry of Information and Security (“MOIS”). Their action is brought pursuant to the state-sponsored terrorism exception to 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, 338^4 (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 December 16, 2009, this Court took judicial notice of the findings of fact and conclusions of law in Peterson v. Islamic Republic of Iran, which also concerns the Marine barracks bombing, and entered judgment in favor of the plaintiffs and against Iran and MOIS with respect to all issues of liability. Brown v. Islamic Republic of Iran, No. 08-cv-531 (D.D.C. Feb. 1, 2010), EOF No. 30 (citing Peterson,
III. Damages
Damages available under the FSIA-created cause of action “include economic damages, solatium, pain and suffering, and
“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 reasonable 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, O’Brien, and Davis, all facts found by and recommendations made by the special master relating to the damages suffered by all plaintiffs in this case. Id. at 52-53; Valore,
A. Pain and Suffering
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,
After reviewing the special master reports, the Court finds that the special master correctly applied the damages framework outlined in Peterson II and Valore, and ADOPTS all of the special master awards for pain and suffering.
B. Economic Loss
In addition to pain and suffering, several plaintiffs who survived the attack 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 suffered 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 Estate of Heiser v. Islamic Republic of Iran, where it surveyed past awards in the context of deceased victims of terrorism to determine that, based on averages, “[sjpouses typically receive greater damage awards than parents [or children], who, in turn, typically receive greater awards than siblings.”
This Court has recently expounded further on the Heiser framework. In Bland and O’Brien this Court held that — absent special circumstances — it is inappropriate for the solatium awards of family members to exceed the pain and suffering awards of the surviving servicemen. Bland,
In applying this framework, however, courts must be wary that “[t]hese numbers ... are not set in stone,” Murphy v.
Again, this Court ADOPTS the special master awards as conforming to the Reiser framework unless otherwise modified below:
The special master found that Joseph A. Barile did not suffer physical injury in the Beirut bombing but that he did suffer from severe emotional injury. In light of this, the special master correctly recommended that Joseph receive a $1.5 million pain and suffering award. See Bland,
Eugene Burns, father of Rodney Burns, from $750,000 to $850,000;
Alice J. Scaggs, mother of Rodney Burns, from $750,000 to $850,000;
David Burns, brother of Rodney Burns, from $350,000 to $500,000;
Mary Jean Hodges, mother of Maynard Hodges, from $500,000 to $850,000;
Loretta Brown, sister of Maynard Hodges, from $350,000 to $500,000;
Cindy Holmes, sister of Maynard Hodges, from $350,000 to $500,000;
Estate of Thomas Gunther, father of Daniel Kremer, from $500,000 to $850,000;
Estate of Christine Kremer, mother of Daniel Kremer, from $500,000 to $850,000;
Joseph Kremer, brother of Daniel Kremer, from $350,000 to $500,000;
Jacqueline Stahrr, sister of Daniel Kremer, from $350,000 to $500,000;
Teresa Gunther, sister of Paul Martinez, Sr., from $350,000 to $500,000;
Alphonso Martinez, brother of Paul Martinez, Sr., from $350,000 to $500,000;
Daniel L. Martinez, brother of Paul Martinez, Sr., from $350,000 to $500,000;
Michael Martinez, brother of Paul Martinez, Sr., from $350,000 to $500,000;
Tomasita L. Martinez, mother of Paul Martinez, Sr., from $500,000 to $850,000;
Ester Martinez-Parks, sister of Paul Martinez, Sr., from $350,000 to $500,000;
Susanne Yeoman, sister of Paul Martinez, Sr., from $350,000 to $500,000.
LaJuana Smith’s brother Anthony Brown was killed in the Beirut bombing. Following the Heiser framework she would normally be entitled to a baseline solatium award of $2.5 million. Heiser,
Brian Kirkpatrick was severely injured in the Beirut bombing. Following the Heiser framework, the special master recommended that his son, Sean Kirkpatrick, receive a $2.5 million solatium award. Report of the Special Master (Sean Kirkpatrick), ECF No. 33, at 7. Sean was born on December 17, 1983 — almost two months after the October 23 bombing. This Court has previously held that “some lines must be drawn” and that after-born children a re ineligible to receive solatium awards under FSIA § 1605A. Davis,
William Ray Gaines, Jr., was killed in the Beirut bombing. The special master found that Evelyn Sue Spears-Elliot, James S. Spears, and Mark Spears, the half-siblings of Mr. Gaines, did not have a close relationship with him — a prerequisite to a solatium award. Report of the Special Master (Estate of Williams Ray Gaines, Jr.), ECF No. 52, at 19-20. The evidence shows that they were separated from Mr. Gaines at a young age and there is little evidence showing that they experienced the severe emotional distress necessary to sustain a solatium award. Therefore, their solatium claims will be DISMISSED WITH PREJUDICE. The special master did recommend a solatium award for William’s mother, Carolyn Ruth Spears. Ms. Spears was separated from her son when he was five and there is no evidence that she saw him in the subsequent sixteen years. While there is evidence she suffered emotional distress when learning of William’s death, the special master’s downward departure from $ 5 million to $1 million is warranted.
Dennis West was killed in the Beirut bombing. The special master found a close relationship between Dennis and his father Charles F. West, but “no reason to deviate” from the established framework. Report of the Special Master (Family of Dennis West), ECF No. 45, at 13-14. In accordance with the Heiser framework, Charles F. West should have received a $5 million solatium award as the father of a deceased serviceman.
D. Punitive Damages
In assessing punitive damages, this Court has observed that any award must balance the concern that “[rjecurrent 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,
E. Prejudgment Interest
Plaintiffs’ complaint also requests prejudgment interest. Am. Compl., at 80. Whether to award such interest is a question that rests within this Court’s discretion, subject to equitable considerations. See Pugh v. Socialist People’s Libyan Arab Jamahiriya,
IV. Conclusion
Iran is racking up quite a bill from its sponsorship of terrorism. After this opinion, this Court will have issued over $8.8 billion in judgments against Iran as a result of the 1983 Beirut bombing.
In closing, the Court applauds plaintiffs’ persistent efforts to hold Iran accountable for its cowardly support of terrorism. The Court concludes that defendant Iran must be punished to the fullest extent legally possible for the bombing in Beirut on October 23, 1983. This horrific act impacted countless individuals and their families, a number 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 excep
A separate Order and Judgment consistent 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 all plaintiffs (except Evelyn Sue Spears-Elliot, James S. Spears, Mark Spears, and Sean Kirkpatrick) and against all defendants; it is furthermore
ORDERED that plaintiffs are awarded $183,281,294 in compensatory damages and $630,487,651 in punitive damages, for a total award of $813,768,945 to be distributed as follows:
Pain and Economic
Plaintiff Name Suffering Loss Solatium Punitive Totals
Joseph A. Bailie $1,500,000 $2,603,130 $14,114,767 $18,217,897
Angela E. Bailie $850,000 $2,924,000 $3,774,000
Michael Barile $500,000 $1,720,000 $2,220,000
Andrea Ciarla $500,000 $1,720,000 $2,220,000
Ann Marie Moore $0 $500,000 $1,720,000 $2,220,000
Angela Yoak $500,000 $1,720,000 $2,220,000
John Becker $1,500,000 $1,389,677 $0 $9,940,489 $12,830,166
Estate of Anthony K. Brown $796,923 $0 $2,741,415 $3,538,338
John Brown $5,000,000 $17,200,000 $22,200,000
Rowel Brown $2,500,000 $8,600,000 $11,100,000
Sulba Brown $2,500,000 $8,600,000 $11,100,000
Vara Brown $5,000,000 $17,200,000 $22,200,000
Marvine McBride $2,500,000 $8,600,000 $11,100,000
LaJuana Smith $3,000,000 $10,320,000 $13,320,000
Rodney E. Burns $2,000,000 $448,157 8,421,660 $10,869,817
Eugene Burns $0 $850,000 $2,924,000 $3,774,000
David Burns $500,000 $1,720,000 $2,220,000
Jeannie Scaggs $850,000 $2,924,000 $3,774,000
Daniel Cuddeback, Jr. $5,00 0,000 $1,230,049 $21,431,369 $27,661,418
Barbara Cuddeback $2,500,000 $8,600,000 $11,100,000
Daniel Cuddeback, Sr. $2,500,000 $8,600,000 $11,100,000
Michael Episcopo $1,500,000 $555,978 $7,072,564 $9,128,542
Randy Gaddo $5,000,000 $180,633 $17,821,378 $23,002,011
Louise Gaddo Blattler $1,250,000 $4,300,000 $5,550,000
Peter Gaddo $1,250,000 $4,300,000 $5,550,000
Estate of William R. Gaines, Jr. $2,580,273 8,876,139 $11,456,412
Michael A. Gaines $2,500,000 $8,600,000 $11,100,000
William R. Gaines, Sr. $0 $5,000,000 $17,200,000 $22,200,000
Carolyn Spears $1,000,000 $3,440,000 $4,440,000
Carole Weaver $8,000,000 $27,520,000 $35,520,000
Estate of Virgel Hamilton $2,967,024 $10,206,563 $13,173,5 87
Gloria Hamilton $9,000,000 $30,960,000 $39,960,000
Bruce S. Hastings $2,500,000 $8,600,000 $11,100,000
Maynard Hodges $1,500,000 $1,297,628 $9,623,840 $12,421,468
Mary Jean Hodges $0 $850,000 $2,924,000 $3,774,000
Kathy Hodges $1,000,000 $3,440,000 $4,440,000
Loretta Brown $500,000 $1,720,000 $2,220,000
Cindy Holmes $0 $500,000 $1,720,000 $2,220,000
Shana Saul $750,000 $2,580,000 $3,330,000
Daniel Joy $2,500,000 $2,036,318 $15,604,934 $20,141,252
Daniel Kremer $1,500,000 $1,936,414 $11,821,264 $15,257,678
Estate of Thomas Kremer $850,000 $2,924,000 $3,774,000
Estate of Christine Kremer $850,000 $2,924,000 $3,774,000
Joseph T. Kremer $0 $500,000 $1,720,000 $2,220,000
Jacqueline Stahrr $500,000 $1,720,000 $2,220,000
Estate of David A. Lewis $812,093 $2,793,600 $3,605,693
Betty Lewis $5,000,000 $17,200,000 $22,200,000
Jerry L. Lewis $2,500,000 $8,600,000 $11,100,000
Scott M. Lewis $2,500,000 $8,600,000 $11,100,000
Paul Martinez, Sr. $1,500,000 $180,633 5,781,378 $7,462,011
Teresa Gunther $0 $500,000 $1,720,000 $2,220,000
Alphonso Martinez $500,000 $1,720,000 $2,220,000
Daniel L. Martinez $0 $500,000 $1,720,000 $2,220,000
Michael Martinez $500,000 $1,720,000 $2,220,000
Paul Martinez, Jr. $750,000 $2,580,000 $3,330,000
Tomasita L. Martinez $850,000 $2,924,000 $3,774,000
Esther Martinez-Parks $500,000 $1,720,000 $2,220,000
Susanne Yeoman $500,000 $1,720,000 $2,220,000
Estate of Jeffrey B. Owen $725,145 $0 $2,494,499 $3,219,644
Jean G. Owen $0 $5,000,000 $17,200,000 $22,200,000
Steven Owen $2,500,000 $8,600,000 $11,100,000
Albert Page $0 $0 $2,500,000 $8,600,000 $11,100,000
Janet Page $0 $0 $2,500,000 $8,600,000 $11,100,000
Joyce Clifford $0 $0 $1,250,000 $4,300,000 $5,550,000
David Penosky $1,500,000 $2,302,057 $0 $13,079,076 $16,881,133
Joseph Penosky $0 $0 $750,000 $2,580,000 $3,330,000
Christian R. Rauch $1,500,000 $296,398 $0 $6,179,609 $7,976,007
Leonard Paul Tice $1,500,000 $3,123,953 $0 $15,906,398 $20,530,3 51
Estate of Burton Wherland $0 $1,733,344 $0 $5,962,703 $7,696,047
Gregory Wherland $0 $0 $3,000,000 $10,320,000 $13,320,000
Kimmy Wherland $0 $0 $2,500,000 $8,600,000 $11,100,000
Sarah Wherland $0 $0 $3,000,000 $10,320,000 $13,320,000
Sharon Davis $0 $0 $2,500,000 $8,600,000 $11,100,000
Charles P. West $0 $0 $5,000,000 $17,200,000 $22,200,000
Charles H. West $0 $0 $2,500,000 $8,600,000 $11,100,000
Rick West $0 $0 $2,500,000 $8,600,000 $11,100,000
ORDERED that defendants Islamic Republic of Iran and The Iranian Ministry of Information and Security shall be liable, jointly and severally, for the entire $813,768,945 amount; it is furthermore
ORDERED that the claims of Evelyn Sue Spears-Elliot, James S. Spears, Mark Spears, and Sean Kirkpatrick are hereby DISMISSED WITH PREJUDICE; it is furthermore
ORDERED that plaintiffs’ request for prejudgment interest is DENIED; it is furthermore
ORDERED that plaintiffs shall forthwith, at their own cost and consistent with the requirements of 28 U.S.C. § 1608(e), send a copy of this Order and Judgment, and the Memorandum Opinion issued this date, to defendants.
This is a final, appealable order. See Fed. R. App. P. (4)(a).
SO ORDERED.
Notes
. See Peterson II,
