Roth v. Islamic Republic of Iran
| Docket Number | 1:19-cv-02179-TNM |
| Decision Date | 02 May 2023 |
| Parties | ZACHARY CARL ROTH, et al., Plaintiffs, v. ISLAMIC REPUBLIC OF IRAN, Defendant. |
| Court | U.S. District Court — District of Columbia |
Soldiers injured in Iraq and Afghanistan and their families sued Iran for financing terrorists who attacked them. This Court granted their motion for default judgment in part. See Roth v. Islamic Republic of Iran, No. 19-cv-2179, 2023 WL 196577 (D.D.C. Jan. 17, 2023). Then, it appointed a special master to calculate damages. See Order, ECF No. 108. The Court now resolves Plaintiffs' damages requests.
The Court has chronicled Iran's support for terrorism, the facts of the attacks here, and the soldiers' injuries elsewhere. See generally Roth, 2023 WL 196577. In sum, Iran provided training and material support to terrorist organizations that used various weapons-including explosively formed penetrators and improvised explosive devices-to attack the soldier Plaintiffs. See generally id. Plaintiffs proved that Iran was liable for all of their injuries under the Foreign Sovereign Immunities Act (FSIA) with one exception. See generally id.
Now there are 72 claimants for damages. Thirty-one are soldiers who served in Iraq and Afghanistan. Forty-one are their family members-one is a widow, two are parents, eight are spouses, and thirty are children. After carefully reviewing the special master's report and recommendation, see Attach. A, Special Master Suggested Findings of Fact & Conclusions of Law (Master Rep.) (Sealed), the Court adopts all facts found and most of the recommendations made.[1]
To obtain damages in this FSIA suit, Plaintiffs must show “that the consequences of [Iran's] acts were reasonably certain to occur” and they must “prove the amount of damages by a reasonable estimate.” Abedini v. Islamic Repub. of Iran, 422 F.Supp.3d 118, 136 (D.D.C. 2019). The Court has already found that Plaintiffs' physical injuries and emotional suffering were a foreseeable consequence of Iran's actions. See Roth, 2023 WL 196577, at *16-19, 2122. So the Court must now determine whether each Plaintiff's claim for damages is supported by a “reasonable estimate.” Abedini, 422 F.Supp.3d at 136.
Assessing damages for victims of terrorism “is an imperfect science,” but “courts strive to maintain consistency of awards between plaintiffs in comparable situations.” Mark v. Islamic Repub. of Iran, No. 20-cv-00651, 2022 WL 4103854, at *9 (D.D.C. Sept. 8, 2022). Following Estate of Heiser v. Islamic Republic of Iran, 466 F.Supp.2d 299 (D.D.C. 2006), courts in this district have coalesced around standard recovery amounts for types of plaintiffs. See, e.g., Selig v. Islamic Repub. of Iran, 573 F.Supp.3d 40, 64 (D.D.C. 2021). While Heiser is a useful reference, it is not binding. See id. So courts often vary from its guidelines depending on the facts. See, e.g., id. (collecting cases); Mark, 2022 WL 4103854, at *10-11 ().
The relevant standards for damages are as follows. Courts typically award $5 million for pain and suffering from substantial injuries. See, e.g., Cohen v. Islamic Repub. of Iran, 268 F.Supp.3d 19, 24 (D.D.C. 2017). Substantial injuries include compound fractures, severe flesh wounds, and lasting and severe psychological pain. See, e.g., Valore v. Islamic Repub. of Iran, 700 F.Supp.2d 52, 84 (D.D.C. 2010). Courts vary above or below this amount depending on the extent of the injuries. For example, victims who endured severe physical or psychological pain, such as losing limbs, vision, or hearing may receive between $7.5-12 million in damages. See Mark, 2022 WL 4103854, at *9. Yet, victims suffering “severe emotional injury” but “relatively minor physical injuries” typically receive $1.5-3 million. Id.
Then-Chief Judge Howell recently used an “objective metric”-Veterans Affairs disability ratings-to guide her in departing from the Heiser awards. See Schooley v. Islamic Repub. of Iran, No. 17-cv-1376, 2019 WL 2717888, at *74-75 (D.D.C. June 27, 2019). VA disability ratings are “a specialized agency's official determination regarding the extent of disabling injury sustained by service members in connection with military service.” Id. at 74 (cleaned up). Because VA ratings roll mental and physical injuries into one number, they facilitate a more objective approach to awarding damages. This is so because courts need not weigh whether certain injuries merit more money than others. See id.
The Schooley rubric instructs that servicemembers rated up to 30% disabled receive the standard Heiser award of $5 million each; those rated between 40-60% disabled receive an upward departure to $6 million each; and those rated 70-100% disabled receive a further upward departure to $7 million each. See id. at 75. Of course, courts remain free to vary from these benchmarks to “ensure that individuals with similar injuries receive similar awards.” Id. at 74.
As for the family members of injured servicemembers, the standard amount of solatium damages depends on the nature of the relationship between the victim and the relative, and the severity of pain the relative suffers. See Mark, 2022 WL 4103854, at *10. If the victim dies, surviving spouses typically receive $8 million and children receive $5 million. See Selig, 573 F.Supp.3d at 65. When a victim suffers a non-fatal injury-the case for most servicemember Plaintiffs here-courts generally award spouses $4 million and children $1.5 million on average. See Moradi v. Islamic Repub. of Iran, 77 F.Supp.3d 57, 72 (D.D.C. 2015); Spencer v. Islamic Repub. of Iran, 71 F.Supp.3d 23, 28 (D.D.C. 2014). Of course, none of these numbers is “set in stone.” Selig, 573 F.Supp.3d at 65. Thus, the Court may award greater amounts in cases with “aggravating circumstances” or lower amounts “where the relationship between the claimant and the decedent is more attenuated.” Id.
The Court first analyzes the special master's compensatory damages recommendations for the soldier Plaintiffs before turning to their relatives. Finally, the Court addresses punitive damages, prejudgment interest, and fees. The Court adopts all of the special master's findings of fact and conclusions of law unless they conflict with the reasoning below. When the special master “has deviated from the damages framework that this Court has applied in previous cases,” the Court rejects his conclusions and alters the awards appropriately. Anderson v. Islamic Repub. of Iran, 839 F.Supp.2d 263, 266 (D.D.C. 2012). The final damages awarded to each Plaintiff are contained in the table attached to the Order issued today.
For the 31 servicemember Plaintiffs, the master used the Schooley rubric. See Master Rep. at 10-12. Most have VA ratings greater than or equal to 70%. See id. at 12. To these Plaintiffs-Cherry, Clements, Daniels, Farve, Fraser, Holt, Isabella, Johnson, C. Jurgersen, Leake, Lewis, Markell, McCallum, Miguel, Payne, Rivera, Roth, Sorensen, Spry, Stephens, Taylor, Ware, Watkins, Williams, and Williamson-the master awarded $7 million each. See Id. Two servicemembers (Mayer and Walton) have VA ratings between 40-60%. See id. at 13. So the master awarded them $6 million each. See id. Finally, servicemember McNeeley has a VA rating less than or equal to 30%, and servicemember Moorhouse does not yet have a rating, but his injuries are substantial. See id. at 13. The master awarded them each the standard $5 million. The Court agrees with all these awards.
For two servicemember Plaintiffs-both of whom have a VA rating of 100% disabled- the master varied upward from Schooley's $7 million to over $14 million each. See id. at 12 (). He submits that “their injuries are so extreme that additional compensation . . . is warranted.” Id. And he factored in their projected medical costs, which exceed $2 million each. See id.
Mindful of the need to standardize awards for Plaintiffs with similar injuries, the Court finds those awards excessive. Accord Borochov v. Islamic Repub. of Iran, 589 F.Supp.3d 15, 41 (D.D.C. 2022) . Even awards at the high end of the Heiser framework seldom exceed $12 million. See, e.g., Cabrera v. Islamic Repub. of Iran, No. 19-cv-3835, 2022 WL 2817730, at *45-46 (D.D.C. July 19, 2022). More, the Court intends its awards to be fully compensatory-they reflect both the injuries suffered and medical costs.
Still the master persuasively contends that servicemembers Bruce and B. Jurgersen suffered injuries that deserve more than the usual $7 million for 100% disabled veterans. See Master Rep. at 12. Both men are amputees, suffered traumatic brain injuries, and lost consciousness for extended periods of time. See id. And B. Jurgersen spent a month in intensive care, undergoing multiple facial and dental surgeries. See id.; see also Roth, 2023 WL 196577, at *10. The Court has noted that despite sustaining significant injuries, B. Jurgersen heroically redeployed to Iraq mere months later. See id. Both Plaintiffs will also face significant medical costs for the rest of their lives. See Master Rep. at 12 (). Thus, in line with prior awards to similarly situated Plaintiffs, the Court will award Bruce and B. Jurgersen $9 million each. See, e.g., Mark, 2022 WL 4103854, at *10 (); Barry v. Islamic Repub. of Iran, 410 F.Supp.3d 161, 182 (D.D.C. 2019) (); Cabrera, 2022 WL 2817730, at *45 (...
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