UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
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ESTATE OF STEVEN BLAND, et al., )
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Plaintiffs, )
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v. ) 05-cv-2124 (RCL)
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ISLAMIC REPUBLIC OF IRAN, et al., )
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Defendants. )
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MEMORANDUM OPINION
I. Liability
This civil action was filed under 28 U.S.C. § 1605(a)(7) and arises out of the bombing of
the United States Marine barracks in Beirut, Lebanon on October 23, 1983. See Bland v. Islamic
Republic of Iran, No. 05-CV-2124-RCL (D.D.C. 2005) Dkt. # 2 (Complaint). There are nearly
100 plaintiffs in this action, which includes numerous estates of those service members killed in
the terrorist attack and dozens of family members of those who were killed or injured during the
terrorist incident. On December 6, 2006, 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, see 264 F. Supp. 2d 47 (D.D.C. 2003), and entered judgment in favor of the
plaintiffs and against Iran with respect to all issues of liability. Bland, Dkt. # 15. This Court
then referred this action to a special master for consideration of plaintiffs’ claims for damages
See id. Dkt. ## 15–16.
On March 10, 2008, and while this action was still pending with the special master under
§ 1605(a)(7), plaintiffs timely filed a motion seeking to proceed under the new state sponsored
terrorism exception of the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. § 1605A. See
id. Dkt. # 17. This Court granted plaintiffs’ motion, holding that plaintiffs followed the proper
procedures to qualify for retroactive treatment under the National Defense Authorization Act of
2008, Pub. L. No. 110-181 § 1083(c)(2). Bland, Dkt. # 19. This enabled plaintiffs to take
advantage of the new state sponsored terrorism exception in their claims before the special
master. See id. Since the issue of liability has been previously settled, this Court now turns to
examine the damages recommended by the special master.
II. Damages
Damages available under the FSIA-created 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, 700 F. Supp. 2d 52, 82–83 (2010).
“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,
370 F. Supp. 2d 105, 115–16 (quoting Hill v. Republic of Iraq, 328 F.3d 680, 681 (D.C. Cir.
2003) (internal quotations omitted)). As discussed in Peterson II, plaintiffs have proven that the
defendants’ commission of acts of extrajudicial killing and provision of material support and
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resources for such killing was reasonably certain to—and indeed intended to—cause injury to
plaintiffs. Peterson v. Islamic Republic of Iran (Peterson II), 515 F. Supp. 2d 25, 37 (2007)
The Court hereby ADOPTS, just as it did in Peterson and Valore, 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, 700 F. Supp. at 84–87. However, where the special master has
deviated from the damages framework that this Court has applied in previous cases, “those
amounts shall be altered so as to conform with the respective award amounts set forth” in the
framework. Peterson II, 515 F. Supp. 2d at 52–53. The final damages awarded to each plaintiff
are contained in the table located within the separate Order and Judgment issued this date, and
this Court discusses below any alterations it makes to the special master recommendations.
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, 515 F. Supp. 2d 25, n.26 (D.D.C. 2007) (citing Blais v. Islamic
Republic of Iran, 459 F. Supp. 2d 40, 59 (D.D.C. 2006)). In Peterson, this Court adopted a
general procedure for the calculation of damages that begins with the baseline assumption that
persons suffering substantial injuries in terrorist attacks are entitled to $5 million in
compensatory damages. Id. at 54. In applying this general approach, this Court has explained
that it will “depart upward from this baseline to $7–$12 million in more severe instances of
physical and psychological pain, such as where victims suffered relatively more numerous and
severe injuries, were rendered quadripeligic, partially lost vision and hearing, or were mistaken
for dead,” Valore, 700 F. Supp. 2d at 84, and will “depart downward to $2–$3 million where
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victims suffered only minor shrapnel injuries or minor injury from small-arms fire,” id.
However, “i[f] death was instantaneous there can be no recovery . . . .” Elahi v. Islamic Republic
of Iran, 124 F. Supp. 2d 97, 112 (D.C. 2000) (citation omitted). On the other hand, victims who
survived a few minutes to a few hours after the bombing typically receive an award of $1
million. Id.
Again, this Court ADOPTS all of special master awards for pain and suffering unless
otherwise discussed below. This Court also discusses below each situation where the special
master departed upward or downward from the previously established damages framework.
1. Upward Departures.
The special master recommended an upward departure for two individuals. John Gibson
suffered from singed lungs, “second degree burns on his face, upper body, torso, back buttocks
and back of his legs; a left frontal fracture of his skull; an intracranial hematoma; a perforated
eardrum; and a retinal occlusion” as a result of the explosion at the BLT. Special Master Rpt.
Dkt # 65. Over a long period of time he underwent a number of painful procedures to treat his
injuries, but he remains “essentially cross-eyed, has never regained sight in [one] eye, and suffers
from double-vision and trouble with depth perception.” He also lost a portion of his skull that
was replaced with plastic. He presently has a Veterans Administration disability rating of 90%
and still suffers from nightmares, intense headaches, double-vision, short-term memory loss, and
ringing in his ears. In light of his disability rating and the exceptional severity of Mr. Gibson’s
injuries, the Court agrees with the special master and will depart upward from $5,000,000 to
$8,000,000.
Emmanuel Simmons suffered from “a collapsed lung, second and third-degree burns on
his face, chest, arms and thigh, burst ear drums and shrapnel embedded in his arms and legs.”
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Special Master Rpt. Dkt. # 49. Mr. Simmons had a skin graft attached to his face among other
surgeries, and for a long time remained “extremely self-conscious that other people were staring
at him.” He received a 100% disability rating from the Veterans Administration upon discharge.
He continues to have flashbacks of the bombing. In light of his disability rating and the
exceptional severity of Mr. Simmons’ injuries, the Court agrees with the special master and will
depart upward from $5,000,000 to $7,000,000.
2. Downward Departures
The special master recommended a downward departure for seven individuals. Alan
Anderson witnessed the “mushroom cloud” over the BLT and “fe[lt] the ground moving.”
Special Master Rpt. Dkt. # 63. He did not suffer any physical injury in the attack. The Veterans
Administration rated Mr. Anderson 50% disabled from Post-Traumatic Stress Disorder
(“PTSD”) he acquired as a result of the bombing. The Court concludes that Mr. Anderson
suffered severe emotional injuries, but considering his lack of physical injuries, the Court will
heed the special master’s recommendation to depart down from $5,000,000 to $1,500,000.
John Hendrickson was knocked unconscious as a result of the blast but later assisted in
the rescue efforts at the scene of the explosion. Special Master Rpt. Dkt. # 68. He died on April
13, 1990 from multiple sclerosis. After examining extensive expert reports, the special master
concluded that there was no nexus between the onset of Mr. Hendrickson’s multiple sclerosis
and the bombing. This Court concurs, but nonetheless notes that Mr. Hendrickson did suffer
from PTSD for a number of years upon returning to the United States. In light of the PTSD
suffered by Mr. Hendrickson but lack of other severe physical injuries, the Court will agree with
the special master that a downward departure from $5,000,000 to $1,500,000 is required.
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Renard Manley was sleeping on the third floor of the BLT when the blast buried him in
rubble. Special Master Rpt. Dkt. # 47. He received contusions and lacerations covering most of
his body. He was confined to a wheelchair for a few weeks and then remained on crutches for a
year. He received a 50% Veterans Administration disability rating for PTSD. The Court
concludes that Mr. Manley suffered severe emotional injuries, but considering the nature of his
physical injuries the Court will agree with the special master that a downward departure from
$5,000,000 to $4,000,000 is required.
Samuel Palmer was sleeping in the basement of the BLT when he was buried by the
blast. Special Master Rpt. Dkt. # 35. He suffered an unspecified head injury, a hole in his
eardrum, and a broken foot. To this day he continues to suffer pain and swelling in that foot, as
well as sleep, and mood disorders. He currently holds a 10% Veterans Administration disability
rating for his hearing loss, 50% for his PTSD, and 30% for his foot, for a combined disability
rating of 80%. The special master concluded that a downward departure from $5,000,000 to
$3,000,000 was necessary. However, given the severity of Mr. Palmer’s Veterans
Administration disability rating coupled with the lifelong pain his foot has caused him, the Court
finds that the special master’s downward departure was excessive, and accordingly, awards Mr.
Palmer $4,500,000 for his pain and suffering.
Robert Rucker was shaving in a facility 80 meters away from the BLT when the
explosion caused “lacerations on his left arm, bruising, blurred vision, impaired hearing and a
sore head from being hit by concrete.” Special Master Rpt. Dkt. #59. He does not yet have a
Veterans Administration disability rating, but his medical records demonstrate that he has been
diagnosed with PTSD. The Court agrees with the special master that a downward departure from
$5,000,000 to $2,000,000 is required because of the nature of Mr. Rucker’s injuries.
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Ronald Walker was patrolling about 150 yards away from the BLT when the explosion
occurred. Special Master Rpt. Dkt. # 35. He suffered lacerations to his thigh and rib cage. Id.
Years later, he received a 70% disability rating from the Veterans Administration as a result of
PTSD. Because of the less severe nature of his physical injuries, while not discounting the
severe psychological and emotional toll he suffered, this Court agrees with the special master
that a downward departure from $5,000,000 to $2,000,000 is required.
Galen Weber was immediately outside the BLT sleeping in a tent when the explosion
occurred. Special Master Rpt. Dkt. # 29. He suffered a leg injury and received treatment for 7
or 8 days after the attack. He received a Veterans Administration disability rating of 10% for the
leg injury and 10% for degenerative discs in his back, but only the leg injury was attributable to
the Beirut bombing. In light of these circumstances, this Court agrees with the special master
that a downward departure from $5,000,000 to $2,000,000 is required.
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 suffered
in the attack or loss of accretions to the estate resulting from the wrongful death of decedents in
the attack. See Valore, 700 F. Supp. 2d at 85. The Court therefore ADOPTS without
modification the damages awarded for economic loss recommended by the special master.
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 surveyed
past awards in the context of deceased victims of terrorism to determine that, based on averages,
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“[s]pouses typically receive greater damage awards than parents [or children], who, in turn,
typically receive greater awards than siblings.” 466 F. Supp. 2d 229, 269 (2006). Relying upon
the average awards, the Heiser Court articulated a framework in which spouses of deceased
victims were awarded approximately $8 million, while parents received $5 million and siblings
received $2.5 million. Id.; see also Valore, 700 F. Supp. 2d at 85 (observing that courts have
“adopted the framework set forth in Heiser as ‘an appropriate measure of damages for the family
members of victims’”) (quoting Peterson II, 515 F. Supp. 2d at 51). As this Court recently
explained, in the context of distress resulting from injury to loved ones—rather than death—
courts have applied a framework where “awards are ‘valued at half of the awards to family
members of the deceased’—$4 million, $2.5 million and $1.25 million to spouses, parents, and
siblings, respectively.” Oveissi v. Islamic Republic of Iran, 768 F. Supp. 2d 16, 26 n.10 (D.D.C.
2011) (quoting Valore, 700 F. Supp. 2d at 85). Children of a deceased victim typically receive
an award of $3 million, while children of a surviving victim receive $1.5 million. Stern v.
Islamic Republic of Iran, 271 F. Supp. 2d 286, 301 (D.D.C. 2003). “[C]urrent spouses who were
not yet married to an injured serviceman at the time of the attack . . . are among the group of
plaintiffs who cannot recover damages . . . .” Peterson II, 515 F. Supp. 2d at 45 n.21.
In applying this framework, however, courts must be wary that “[t]hese numbers . . . are
not set in stone,” Murphy v. Islamic Republic of Iran, 740 F. Supp. 2d 51, 79 (2010), and that
deviations may be warranted when, inter alia, “evidence establish[es] an especially close
relationship between the plaintiff and decedent, particularly in comparison to the normal
interactions to be expected given the familial relationship; medical proof of severe pain, grief or
suffering on behalf of the claimant [is presented]; and circumstances surrounding the terrorist
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attack [rendered] the suffering particularly more acute or agonizing.” Oveissi, 768 F. Supp. 2d at
26–27.
This Court ADOPTS all of special master awards for solatium unless otherwise discussed
below. This Court also discusses below each situation where the special master departed upward
or downward from the previously established damages framework.
1. Upward Departures.
The special master did not recommend—nor does the Court think it appropriate—
granting upward departures for any of the solatium claims in this case. Inadvertently, the special
master appears to have granted upward departures to two plaintiffs.
Tena Walker-Jones’s brother Eric Walker was killed instantaneously by the explosion.
Special Master Rpt. Dkt. # 31. As previously discussed, a sibling of a deceased servicemember
typically receives a $2.5 million solatium award under the Heiser framework. 466 F. Supp. 2d at
269. The special master concluded that “no evidence has been put forward” warranting a
departure from the baseline. Id. However, the special master nonetheless awarded Ms. Walker-
Jones solatium damages of $3 million. Therefore, this Court will correct the award to Ms.
Walker-Jones and reduce it to $2.5 million.
Ronnie Walker’s father Ronald Walker survived the attack, albeit suffering severe PTSD
as a result. Special Master Rpt. Dkt. # 33. As previously discussed, a child of a surviving
servicemember typically receives a $1.5 million solatium award. See Stern, 271 F. Supp. 2d at
301. The special master explained that “nothing in the record” compelled a deviation from the
established framework. However, the special master nonetheless awarded Ronnie Walker $2.5
million in solatium damages. Therefore, this Court will correct the award to Ronnie Walker and
reduce it to $1.5 million.
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2. Downward Departures
The special master recommended downward departures for four individuals. Thelma
Anderson was, understandably, “very very scared” before discovering that her son, Alan
Anderson, was alive and unharmed by the explosion. Special Master Rpt. Dkt. # 63. Alan later
suffered from PTSD. While the Court concludes that Ms. Anderson suffered emotional injury,
considering her son’s lack of physical injuries the Court will heed the special master’s
recommendation to depart down from $5,000,000 to $1,000,000.
John David Hendrickson and Tyson Hendrickson, the sons of John Hendrickson, as well
as his wife Deborah Ryan, also suffered emotional trauma as a result of Mr. Hendrickson’s
injuries in Beirut. Special Master Rpt. Dkt. #68. However, as previously discussed, there was
no convincing evidence that Mr. Hendrickson’s multiple sclerosis, leading to his death, was
caused by the Beirut bombing. In light of the $1,500,000 award Mr. Hendrickson received for
his pain and suffering related to the bombing, the Court does not think it appropriate for the
children and spouse to recover more than the victim. Therefore, the Court agrees with the
special master that John David and Tyson should receive solatium awards of $750,000 and
Deborah Ryan should receive a solatium award of $1,000,000.
D. Punitive Damages
In assessing punitive damages, this Court has observed that any award must balance the
concern that “[r]ecurrent 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, 740 F. Supp. 2d at 75, against the need to continue to deter “the
brutal actions of defendants in planning, supporting and aiding the execution of [terrorist
attacks],” Rimkus v. Islamic Republic of Iran, 750 F. Supp. 2d at 163, 184 (D.D.C. 2010). To
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accomplish this goal, this Court—relying on the Supreme Court’s opinion in Philip Morris USA
v. Williams, 549 U.S. 346 (2007)—held that the calculation of punitive damages in subsequent
related actions should be directly tied to the ratio of punitive to compensatory damages set forth
in earlier cases. Murphy, 740 F. Supp. 2d at 76. Thus, in Murphy this Court applied the ratio of
$3.44 established in Valore—an earlier FSIA case arising out of the Beirut bombing. Id. at 82-
83 (citing Valore, 700 F. Supp. 2d at 52). Here, the Court will again apply this same $3.44 ratio,
which has been established as the standard ratio applicable to cases arising out of the Beirut
bombing. Application of this ratio results in a total punitive damages award of $955,652,324.
III. CONCLUSION
In closing, the Court appreciates plaintiffs’ selfless sacrifice and their 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 act impacted countless individuals and
their families, nearly one hundred of whom are parties to 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 $277,805,908 in
compensatory damages and $955,652,324 in punitive damages, for a total award of
$1,233,458,232.
A separate Order and Judgment consistent with these findings shall be entered this date.
SO ORDERED.
Signed by Royce C. Lamberth, Chief Judge, on December 21, 2011.
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