All Represented by John Driscoll v. Islamic Republic of Iran

• Court: District Court, District of Columbia
• Decided: June 30, 2024
• Docket: Civil Action No. 2020-0622
• Status: Published

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

ALL PLAINTIFFS REPRESENTED BY JOHN DRISCOLL,

Plaintiffs, v. No. 20-cv-622-ZMF ISLAMIC REPUBLIC OF IRAN,

Defendant.

MEMORANDUM OPINION

From 2006 to 2011, sixty-three terrorist attacks on United States military servicemembers

in Iraq killed forty-six and severely injured twenty-three servicemembers. The attack victims, their

estates, and their family members (collectively, “Plaintiffs”) seek compensation for their injuries

from Defendant, the Islamic Republic of Iran, under the terrorism exception to the Foreign

Sovereign Immunities Act (“FSIA”). See 28 U.S.C. § 1605A. The Court previously granted default

judgment with respect to Iran’s liability. See Order 2, ECF No. 42. Plaintiffs now seek damages,

requesting over $5 billion. The Court must deny a subset of these requests, where counsel for

Plaintiffs failed to follow precedent or simply provide the requisite evidence; however, the Court

agrees that certain Plaintiffs have made the necessary showing and awards them compensatory

damages totaling $1,019,872,428.

I. BACKGROUND

On November 2, 2016, Plaintiffs filed their original complaint against Iran together with a

larger group of litigants. See Compl., Neiberger v. Islamic Republic of Iran, No. 16-cv-2193

(D.D.C. Nov. 2, 2016), ECF No. 1. On February 27, 2020, Judge Sullivan severed the claims of

1 plaintiffs represented by The Driscoll Firm, P.C. from the claims of plaintiffs represented by

Willkie Farr & Gallagher LLP, see Order 1, Neiberger, No. 16-cv-2193 (D.D.C. Feb. 27, 2020),

ECF No. 52, and directed the Clerk of Court to open a new case, see Min. Order, Neiberger, No.

16-cv-2193 (D.D.C. Mar. 2, 2020).

On March 2, 2020, the newly-severed Driscoll Plaintiffs filed their amended complaint in

the above-captioned matter seeking judgment against Iran pursuant to 28 U.S.C. § 1605A(c) and

relief in the form of compensatory damages, including for economic losses, pain and suffering,

solatium damages, and punitive damages. See Second Am. Compl. ¶¶ 870–85, ECF No. 2.

Plaintiffs sought default judgment after Iran failed to appear. See Mot. Default J., ECF No. 19.

On October 5, 2021, Judge Sullivan referred the matter to the undersigned for full case

management pursuant to Local Civil Rule 72.3. See Min. Order (Oct. 5, 2021). On June 27, 2023,

the undersigned recommended granting default judgment as to liability. See All Plaintiffs

Represented by John Driscoll v. Islamic Republic of Iran (“Driscoll I”), No. 20-cv-622, 2023 WL

4892710, at *14 (D.D.C. June 27, 2023). On July 13, 2023, Judge Sullivan adopted the report and

recommendation and granted default judgment. See All Plaintiffs Represented by John Driscoll v.

Islamic Republic of Iran, No. 20-cv-622, 2023 WL 5932974, at *1 (D.D.C. July 13, 2023).

Plaintiffs then moved for $5,356,489,472 in damages, comprised of compensatory

damages of $1,339,122,368 and punitive damages of three times that amount. See Pls.’ Mot.

Default J. Damages (“Mot.”), Ex. G (“Damages Table”) 14, ECF No. 45-8. Iran has still not

appeared in the action.

On June 21, 2024, Plaintiffs consented to appear before the undersigned for all purposes

pursuant to Local Civil Rule 73.1. See Min. Order (June 21, 2024).

2 II. LEGAL STANDARD

The terrorism exception of the FSIA authorizes recovery for “economic damages, solatium,

pain and suffering, and punitive damages.” 28 U.S.C. § 1605A(c). “To obtain damages against

[Defendant] under the FSIA, the plaintiffs must prove that the consequences of [Defendant’s]

conduct were ‘reasonably certain’ (i.e., more likely than not) to occur, and must prove the amount

of damages by a ‘reasonable estimate’ consistent with this [Circuit’s] application of the American

rule on damages.” Est. of Heiser v. Islamic Republic of Iran, 406 F. Supp. 2d 229, 268 (D.D.C.

2006) (quoting Salazar v. Islamic Republic of Iran, 370 F. Supp. 2d 105, 115–16 (D.D.C. 2005)).

“While these requirements create ‘some protection against an unfounded default judgment,’

plaintiffs need not produce ‘more or different evidence than [a court] would ordinarily receive;

indeed, the quantum and quality of evidence that might satisfy a court can be less than that

normally required.’” Pennington v. Islamic Republic of Iran, No. 19-cv-796, 2022 WL 168261, at

*1 (D.D.C. Jan. 19, 2022) (quoting Fraenkel v. Islamic Republic of Iran, 892 F.3d 348, 353 (D.C.

Cir. 2018)).

Different types of recovery are available to different types of Plaintiffs. “First, damages for

pain and suffering are limited to injured U.S. servicemembers and, if death was not instantaneous,

to the estates of deceased U.S. servicemembers.” Neiberger v. Islamic Republic of Iran, No. 16-

cv-2193, 2022 WL 17370239, at *12 (D.D.C. Sept. 8, 2022) (citing Gates v. Syrian Arab Republic,

580 F. Supp. 2d 53, 73–74 (D.D.C. 2008)). “Second, economic damages are limited to U.S.

servicemembers and their estates for their economic losses.” Id. (citing Valore v. Islamic Republic

of Iran, 700 F. Supp. 2d 52, 83 (D.D.C. 2010)). Finally, courts may award solatium damages to

the immediate family members of victims. Id. (citing Valore, 700 F. Supp. 2d at 85).

3 III. DISCUSSION

Plaintiffs seek damages on behalf of 23 injured servicemembers, 46 estates of deceased

servicemembers, and 263 family members of injured or deceased servicemembers.1 See Damages

Table.

A. Injured Servicemembers

Each of the 23 surviving servicemembers seeks to recover economic losses as well as pain

and suffering damages. See id.

Economic Damages

Recoverable economic damages under the FSIA include “past and future lost wages,

benefits and retirement pay, and other out-of-pocket expenses.” Neiberger, 2022 WL 17370239,

at *14 (citing Owens v. Republic of Sudan, 71 F. Supp. 3d 252, 258 (D.D.C. 2014)). Plaintiffs may

prove such damages by a forensic economist’s expert report. See Roth v. Islamic Republic of Iran,

78 F. Supp. 3d 379, 402 (D.D.C. 2015); Fritz v. Islamic Republic of Iran, 324 F. Supp. 3d 54, 59–

60 (D.D.C. 2018). When evaluating an expert’s report, the Court considers the “reasonableness

and foundation of the assumptions relied upon by the expert.” Roth, 78 F. Supp. 3d at 402 (citing

Reed v. Islamic Republic of Iran, 845 F. Supp. 2d 204, 214 (D.D.C. 2012)).

Plaintiffs have provided reports by forensic economist Donald Frankenfeld calculating

each injured servicemember’s economic damages. See Mot. at 5; Ex. F, Expert Report of Donald

Frankenfeld (“Frankenfeld Report”), ECF No. 45-7. Frankenfeld is an experienced forensic

economist who calculated damages using earnings information from Plaintiffs’ declarations,

1 The U.S. Victims of State Sponsored Terrorism Fund provides compensation to individuals or representatives of deceased individuals who hold a final judgment issued by a United States District Court awarding the individual compensatory damages. See https://usvsst.com/.

4 standard U.S. Army pay grade classifications, “[a]uthoritative statistical sources” to determine

work life expectancy and life expectancy, and individual servicemember characteristics.

Frankenfeld Report at 1, 3. Frankenfeld performed standard economic analyses to estimate each

Plaintiff’s economic damages. See Frankenfeld Report at 3–4. These reports reasonably estimate

those damages. See Pennington v. Islamic Republic of Iran, No. 19-cv-796, 2022 WL 18814284,

at *1 (D.D.C. May 3, 2022) (generally accepting the reasonability of similar economic reports

authored by Frankenfeld to establish economic damages for other FSIA plaintiffs). Thus, the Court

awards each injured servicemember the damages so calculated.

Pain and Suffering

“In awarding pain and suffering damages, the Court must take pains to ensure that

individuals with similar injuries receive similar awards.” Neiberger, 2022 WL 17370239, at *12

(quoting Peterson v. Islamic Republic of Iran, 515 F. Supp. 2d 25, 54 (D.D.C. 2007)). “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.’”

Wultz v. Islamic Republic of Iran, 864 F. Supp. 2d 24, 37 (D.D.C. 2012) (quoting Peterson, 515 F.

Supp. 2d at 25 n.26 (internal citation omitted)). This Court’s “general procedure for the calculation

of damages . . . begins with the baseline assumption that persons suffering substantial injuries in

terrorist attacks are entitled to $5 million in compensatory damages.” Wultz, 864 F. Supp. 2d at

37–38 (internal citation omitted). “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

5 injuries, were rendered quadriplegic, partially lost vision and hearing, or were mistaken for dead.’”

Id. (quoting Valore, 700 F. Supp. 2d at 84).

Eight Plaintiffs—Jake Altman, Brian Beem, John A. Botts, Brandon Byers, Josh Craven,

Norman Forbes, IV, Derek Gagne, and Jason Rzepa—of the 23 injured seek pain and suffering

awards of $5 million, and fifteen Plaintiffs—Bryan Anderson, John Blickenstaff, Joshua Cope,

Louis Dahlman, James Donaldson, Jerral Hancock, Saul Martinez, Nicholas Paupore, Brian

Saaristo, John Takai, Andrew Tong, Travis Vendela, Michelle Wager, Bryan Wagner, and Joshua

Wells—seek increased awards ranging from $6 million to $18 million. See Mot., Pls.’ Mem. Law

Supp. FSIA Damages Award (“Pls.’ Mem.”) 12–53, ECF No. 45-1.

a. Plaintiffs Seeking the Baseline Amount

Each of the eight Plaintiffs seeking the baseline award amount suffered substantial injuries

and so are entitled to at least the $5 million requested in pain and suffering damages. See Damages

Table; Mot., Ex. H (“Exhibit List”), Exs. 58, 438, 31, 443, 463, 462, 446, 135.2 Upon review of

their injuries, the Court finds that five of these Plaintiffs—Bryan Beem, John A. Botts, Brandon

Byers, Derek Gagne, and Jason Rzepa—are entitled to damages greater than the $5 million they

seek. While the Court will not go out of its way to award more in damages than what Plaintiffs

request—particularly at default judgment—it has a duty to “take pains to ensure that individuals

with similar injuries receive similar awards.” Neiberger, 2022 WL 17370239, at *12.

Brian Beem sustained a below-the-knee (“BTK”) amputation, multiple fractures, and

several shrapnel wounds in an EFP attack on October 11, 2006. See Ex. 438 at 2–4. He then

2 Plaintiffs have provided over 900 numbered exhibits in support of their motion, which they summarize in Exhibit H. See Exhibit List. These exhibits will be referred to herein simply by number, for example, “Ex. 500.”

6 developed neuromas in the injured areas and was diagnosed with post-traumatic stress disorder

(“PTSD”). See id.; Ex. 524 at 3. The severity of Beem’s injuries are comparable to those meriting

an award of $7 million, which the Court awards him. See Est. of Doe v. Islamic Republic of Iran,

943 F. Supp. 2d 180, 187 (D.D.C. 2013) (awarding $7 million for an amputated leg, permanently

damaged arm, several surgeries, and being trapped for 11 hours after attack).

Similarly, John Botts sustained an ATK amputation, severe injuries to his right leg that

required skin grafts, and a fractured tibia in an EFP attack on September 7, 2006. See Ex. 31 at 3.

During treatment, Botts required multiple blood transfusions which caused him to contract

Hepatitis C. See id. Finally, Botts was diagnosed with PTSD and suffers associated secondary

impairments. See id. at 4. The Court finds the severity of Botts’ injuries is comparable to those

meriting an award of $7 million, see Doe, 943 F. Supp. 2d at 187, which it awards Botts.

Brandon Byers sustained an ATK amputation and severe damage to his median and ulnar

nerves, drastically limiting his right hand’s functionality, in an EFP attack on October 16, 2006.

See Ex. 443 at 3–6. Prior to his amputation, Byers underwent extensive medical treatment

attempting to save the leg, including two total knee replacements. See Ex. 533 at 6. Byers was also

diagnosed with PTSD. See Ex. 534 at 2. The Court finds the severity of Byer’s injuries to be

comparable to those meriting an award of $7.5 million, which it therefore awards him. See

Neiberger, 2022 WL 17370239, at *13 (awarding $7.5 million for an amputated left arm, brain

injury necessitating removal of part of the skull, and substantial permanent vision impairment).

Derek Gagne suffered a BTK amputation, a partial foot amputation, and lost several fingers

on his hand in an EFP attack on January 22, 2007. See Ex. 446 at 4–5. His left eyeball was also

ruptured, leading to total blindness on his left side, and he sustained damage to his right eye,

leading to limited vision on his right side. See id. at 3. Gagne’s nose was destroyed and he

7 underwent extensive surgeries to attempt reconstruction, with limited success. See id. He also was

diagnosed with a traumatic brain injury (“TBI”) and suffers from symptoms consistent with PTSD.

See Ex. 563 at 4; Ex. 564 at 3. Gagne’s injuries are more severe than those courts have found to

merit awards of $9 million, see Mark v. Islamic Republic of Iran, 626 F. Supp. 3d 16, 36 (D.D.C.

2022) (granting $9 million for a brain contusion, massive injuries to orbital bones requiring

extensive reconstruction surgery and removal of right eye, loss of smell, and cognitive

impairments), and comparable to situations meriting an award of $10 million, see Weinstein v.

Islamic Republic of Iran, 184 F. Supp. 2d 13, 22–23 (D.D.C. 2002) (awarding $10 million for a

double leg amputation, several surgeries, and immense pain from burn and blast injuries). The

Court therefore awards Gagne $10 million.

Jason Rzepa’s legs were badly damaged in an EFP attack on July 11, 2011, necessitating

two BTK amputations. See Ex. 135 at 2–3. Rzepa was also diagnosed with a TBI and suffers from

PTSD. See Ex. 736 at 4. Like Gagne, the Court finds the severity of Rzepa’s injuries to be

comparable to those meriting an award of $10 million. See Weinstein, 184 F. Supp. 2d at 22–23.

The Court therefore awards Jason Rzepa $10 million.

b. Plaintiffs Seeking Augmented Amounts

Next, the Court turns to the fifteen Plaintiffs seeking augmented awards. These Plaintiffs

argue that increases are merited given “the extreme and grievous nature of [Plaintiffs’] physical

and psychological injuries.” Pls.’ Mem. Each of these Plaintiffs was indeed horrifically injured.

See id. The Court acknowledges Plaintiffs’ extraordinary pain and suffering and emphasizes that

where it awards less than Plaintiffs’ request, it does so because of its duty to “view the situation

holistically, both as to the plaintiff’s total injuries and across cases . . . . judges in this district strive

to ensure that their awards correspond to the events at issue and to similar cases before other

8 judges.” Mark, 626 F. Supp. 3d at 37. In addition, although some Plaintiffs seek awards over $12

million, an “award of [over $12 million] falls well outside the heartland of what courts today

typically award for pain and suffering. Substantial injuries under the prevailing Heiser figures

merit [only] up to $12 million in damages.” Id. at 36. The awards granted reflect that limitation.

i. Bryan Anderson

Bryan Anderson requests $15 million for pain and suffering caused by an EFP attack on

October 23, 2005. See Pls.’ Mem. at 13. Anderson suffered two ATK leg amputations, a left below-

the-elbow (“BTE”) amputation, a collapsed right lung, shrapnel fragments lodged throughout his

abdominal muscles and in his liver, and a month-long hospital stay during which he developed an

ulcer and heterotopic ossification (painful abnormal growth of bone). See id. at 12.

Anderson’s injuries are more severe than those where a court awarded $10 million, see

Weinstein, 184 F. Supp. 2d at 22–23 (double leg amputation, several surgeries, and immense pain

from burn and blast injuries), but less severe than where a court awarded $12 million, see Peterson,

515 F. Supp. 2d at 55 (permanent quadriplegia). The Court therefore awards Anderson $11 million.

ii. John Blickenstaff

John Blickenstaff requests $10 million for pain and suffering caused by an EFP attack on

August 4, 2008. See Pls.’ Mem. at 15. Blickenstaff underwent sixteen surgeries and was

hospitalized for sixty-five days and has permanent “foot drop” and nerve damage. See id. at 13.

He also lost his right shin bone, creating swelling which prohibits ambulation, and has twice

suffered from cellulitis (a serious skin infection). See id. at 13–14. Blickenstaff has also undergone

an orchiotomy (removal of testicles); has strabismus from a fourth cranial nerve injury; and suffers

from PTSD, anxiety, and depression. See id. at 14–15.

9 Blickenstaff’s injuries are more severe than those meriting awards of $7.5 million. See

Peterson, 515 F. Supp. 2d at 56 (awarding $7.5 million for broken femur, hand, and pelvis bones,

cuts and bruises, and a completely rotated left foot); Murphy v. Islamic Republic of Iran, 740 F.

Supp. 2d 51, 78 (D.D.C. 2010) (awarding $7.5 million for an impaled rectum and split stomach,

leading to 11 months with a colostomy bag, a crushed kidney, fractured pelvis, detached ear, and

damage to legs and feet confining victim to a wheelchair for many months). Blickenstaff’s injuries

are comparable to those where a court awarded $8 million. See Peterson, 515 F. Supp. 2d at 56

(broken clavicles, broken ribs, broken middle ear, a punctured lung, bruised kidney, and a coma).

The Court awards Blickenstaff $8 million.

iii. Joshua Cope

Joshua Cope requests $12 million for pain and suffering caused by an EFP attack on

November 13, 2006. See Pls.’ Mem. at 19. Cope sustained an ATK amputation and a through-the-

knee amputation due to the blast. See id. at 16. He also suffered severe damage to both hands,

which resulted in a permanent paralysis of his right hand. See id. at 16. He is wheelchair-bound

and requires an around-the-clock caretaker for daily activities. See id. at 18. He also was diagnosed

with a TBI and suffers from severe PTSD. See id.

Cope’s injuries fall between injuries meriting $10 million and $12 million. See Weinstein,

184 F. Supp. 2d at 22–23; Peterson, 515 F. Supp. 2d at 55. Thus, the Court awards Cope

$11 million for pain and suffering.

iv. Louis Dahlman

Louis Dahlman requests $8 million for pain and suffering caused by an EFP attack on May

18, 2007. See Pls.’ Mem. at 23. Dahlman’s jawbone was nearly blown off, causing him to lose all

but one of his bottom teeth and suffer a TBI. See id. at 22–23. He had to be connected to a

10 percutaneous endoscopic gastrostomy tube for feeding. See id. Dahlman underwent several

surgeries to reconstruct his face, including several grafting attempts, many of which caused further

complications. See id. Dahlman has been hospitalized for a total of at least ninety-three days. See

id. He suffers ongoing mental deficits and requires a machine to sleep. See id.

Dahlman’s injuries are more severe than those where a court awarded $7 million, see Doe,

943 F. Supp. 2d at 187 (split open head, cracked roof of the mouth, all teeth broken, and damaged

vision and hearing, leading to facial reconstruction surgery and continuing pain), but less severe

than situations where a court awarded $9 million, see Mark, 626 F. Supp. 3d at 36 (brain contusion,

massive injuries to orbital bones requiring extensive reconstruction surgery and removal of right

eye, loss of smell, and cognitive impairments). Dahlman’s injuries are comparable to situations

where a court awarded $8 million. See Peterson, 515 F. Supp. 2d at 55 (skull fractures, brain

bruising, various broken bones, and exposed Achilles tendon). The Court therefore awards

Dahlman $8 million.

v. James Donaldson

James Donaldson requests $12 million for pain and suffering caused by an EFP attack on

July 14, 2005. See Pls.’ Mem. at 26. Both of Donaldson’s legs were blown off, necessitating two

BTK amputations, one of which required an ATK amputation eighteen months later. See id. at 24.

Donaldson can ambulate with a prosthetic but cannot do so without pain. See id. He uses a

wheelchair for his eight-hour work shift. See id. He also has blood-clotting issues, headaches, sleep

issues, a TBI, cognitive issues, severe depression, and PTSD. See id. at 25.

Donaldson’s injuries are more severe than situations meriting a $9 million award, see

Cabrera v. Islamic Republic of Iran, Nos. 19-cv-3835, 18-cv-2065, 2022 WL 2817730, at *44–45

(D.D.C. July 19, 2022) (painful limb-salvage operations which ultimately led to amputation, four

11 and a half years at the hospital, and a TBI). Rather, Donaldson’s situation is comparable to those

meriting a $10 million award. See Weinstein, 184 F. Supp. 2d at 22–23. The Court therefore awards

Donaldson $10 million.

vi. Jerral Hancock

Jerral Hancock requests $18 million for pain and suffering resulting from an EFP attack on

May 29, 2007. See Pls.’ Mem. at 29. Hancock was trapped in a burning vehicle for 40 minutes and

lost his left arm during the extraction effort. See id. at 26. Shrapnel fragments became embedded

at the base of his neck, paralyzing him from the C-6 vertebrae down. See id. Approximately

twenty-eight percent of his body was severely burned. See id. at 27. Hancock developed pressure

ulcers on multiple areas of his body and developed osteomyelitis (swelling that occurs in the bone).

See id. at 28. Hancock can still slightly move his right arm, allowing him to ambulate via motorized

wheelchair, but requires assistance for all aspects of daily living. See id. at 27. Hancock was

diagnosed with a TBI and PTSD and has been battling substance abuse related to his physical and

emotional pain. See id. at 28–29.

The severity of Hancock’s injuries falls between injuries meriting $10 million and $12

million. See Weinstein, 184 F. Supp. 2d at 22–23; Peterson, 515 F. Supp. 2d at 55. Because

Hancock’s injuries were more severe than Anderson’s and Cope’s injuries, the Court awards

Hancock $11.5 million.

vii. Saul Martinez

Saul Martinez requests $10 million for pain and suffering resulting from an EFP attack on

May 8, 2007. See Pls.’ Mem. at 33. Martinez lost both of his legs, necessitating one ATK

amputation and one BTK amputation. See id. at 31–32. Martinez was placed in a medically induced

12 coma for nine days after the attack. See id. He sustained a serious TBI and injuries to his lower

body. See id. He also suffers daily pain and PTSD. See id. at 33.

Martinez’s injuries were more severe than those meriting a $9 million award, see Cabrera,

2022 WL 2817730, at *44–45, and comparable to situations meriting a $10 million award, see

Weinstein, 184 F. Supp. 2d at 22–23. The Court therefore awards Martinez $10 million.

viii. Nicholas Paupore

Nicholas Paupore requests $6 million for pain and suffering caused by an EFP attack on

July 2, 2006. See Pls.’ Mem. at 35. Paupore sustained an ATK amputation and nerve damage to

his right hand. See id. at 34. He has undergone eight surgeries and was hospitalized for 25 days.

See id. Paupore has since developed osteoporosis in his right hip and osteopenia in his left. See id.

Finally, he was diagnosed with a TBI and sleep apnea. See id. at 35.

Paupore’s injuries are comparable to those meriting a $7 million award, see Doe, 943 F.

Supp. 2d at 187. The Court therefore awards Paupore the requested $6 million.

ix. Brian Saaristo

Brian Saaristo requests $10 million for pain and suffering resulting from an EFP attack on

July 2, 2006. See Pls.’ Mem. at 38. Saaristo suffered two BTK amputations and a TBI. See id. at

36–37. He was later diagnosed with a cognitive disorder secondary to a TBI, as well as PTSD. See

id. at 37–38.

Saaristo’s injuries were more severe than those meriting a $9 million award and

comparable to those meriting a $10 million award. See Cabrera, 2022 WL 2817730, at *44–45;

Weinstein, 184 F. Supp. 2d at 22–23. The Court therefore awards Saaristo $10 million.

x. John Takai

13 John Takai requests $8 million for pain and suffering as a result of an EFP attack on June

6, 2007. See Pls.’ Mem. at 41. The blast ripped Takai’s skin from his underlying muscles on his

left arm and hand and fractured his humerus, radial, and ulnar bones, leaving him with no range

of motion in his left arm. See id. at 38. Takai’s right arm was severely burned and his left quadricep

suffered a deep shrapnel injury. See id. at 39–40. Takai was also diagnosed with a TBI and PTSD.

See id. at 41.

Takai’s injuries are comparable to those meriting a $7.5 million award. See Valore, 700 F.

Supp. 2d at 84 (“split open” leg, severe “hole-like wounds” passing through the body, embedded

pieces of debris, and burns covering 90% of the body). The Court therefore awards Takai

$7.5 million.

xi. Andrew Tong

Andrew Tong requests $7.5 million for pain and suffering caused by an EFP attack on

August 18, 2007. See Pls.’ Mem. at 44. Tong experienced a BTK amputation and suffered multiple

shrapnel wounds that required persistent treatment. See id. at 41–42. Tong also sustained a TBI

and has developed PTSD. See id. at 42. He has double vision due to TBI complications, which

requires continuous treatment. See id. at 43.

Tong’s injuries are comparable to those meriting a $7.5 million award. See Neiberger, 2022

WL 17370239, at *13. The Court therefore awards Tong $7.5 million.

xii. Travis Vendela

Travis Vendela requests $10 million for pain and suffering caused by an EFP attack on

February 7, 2007. See Pls.’ Mem. at 46. Vendela sustained both an ATK amputation and a through

the knee amputation. See id. at 44. Additionally, he sustained fractures in his arm and spine

14 requiring surgery. See id. He now uses a wheelchair 95% of the time due to pain while ambulating.

See id. at 46. He also has PTSD and experienced a TBI. See id.

Vendela’s injuries were more severe than those meriting a $9 million award and

comparable to those meriting a $10 million award. See Cabrera, 2022 WL 2817730, at *44–45;

Weinstein, 184 F. Supp. 2d at 22–23. The Court therefore awards Vendela $10 million.

xiii. Michelle Wager

Michelle Wager requests $12 million for pain and suffering resulting from an EFP attack

on January 22, 2007. See Pls.’ Mem. at 49. Wager underwent an ATK amputation of her left leg,

which caused her to go into hemorrhagic shock. See id. at 46–47. Additionally, she experienced

serious trauma to her right leg, requiring intensive surgery and resulting in partial paralysis of the

limb. See id. at 47–48. Wager uses a wheelchair about half the time. See id. at 48. She has struggled

with infertility and was diagnosed with a TBI and PTSD. See id. at 49.

Wager’s injuries are comparable to those meriting a $9 million award. See Cabrera, 2022

WL 2817730, at *44–45. The Court therefore awards Wager $9 million.

xiv. Bryan Wagner

Bryan Wagner requests $7.5 million for pain and suffering caused by an EFP attack on

December 17, 2007. See Pls.’ Mem. at 51. Wagner experienced a BTK amputation and several

bone fractures because of the detonation. See id. at 50. He had complications from the explosion

including a TBI, burns, shrapnel wounds, and other injuries. See id.

Wagner’s injuries are comparable to those meriting a $7.5 million award, see Neiberger,

2022 WL 17370239, at *13. The Court therefore awards him $7.5 million.

xv. Joshua Wells

15 Joshua Wells requests $12 million for pain and suffering resulting from an EFP attack on

November 2, 2007. See Pls.’ Mem. at 53. Wells underwent a bilateral ATK amputation and is able

to ambulate with prosthetics. See id. at 51–52. He has been diagnosed with PTSD. See id. at 52.

Wells’ injuries were more severe than those meriting a $9 million award and comparable

to those meriting a $10 million award. See Cabrera, 2022 WL 2817730, at *44–45; Weinstein, 184

F. Supp. 2d at 22–23. The Court therefore awards Wells $10 million.

B. Deceased Servicemembers’ Estates

Next, forty-six estates of servicemembers killed in terrorist attacks seek economic damages

and damages for conscious pain and suffering. See Pls.’ Mem. at 6–8; Damages Table.

Estates of deceased servicemembers, like injured servicemembers, may recover economic

damages. See 28 U.S.C. § 1605A(c); Neiberger, 2022 WL 17370239, at *12. The estates of

servicemembers killed in terrorist attacks have also provided reports authored by Frankenfeld in

support of their requests for economic damages. These reports reasonably estimate Plaintiffs’

economic damages. See supra; Pennington, 2022 WL 18814284, at *1. Thus, the Court awards

each estate the damages so calculated.

Deceased servicemembers’ estates may recover damages for pain and suffering

experienced after an attack but before death if they can “prove that the decedent consciously

experienced the time between an attack and his or her death.” Roth, 78 F. Supp. 3d at 402 (citing

Est. of Botvin v. Islamic Republic of Iran, 873 F. Supp. 2d 232, 244 (D.D.C. 2012)). The amount

of damages awarded depends on the length of time the decedent experiences before dying. See

Selig v. Islamic Republic of Iran, 573 F. Supp. 3d 40, 64 (D.D.C. 2021); Fritz, 324 F. Supp. 3d at

16 60. “[A] $1 million pain-and-suffering award is typically given to the estates of victims who

quickly succumb to their injuries,” Selig, 573 F. Supp. 3d at 64, and “[s]ubstantially more damages

may be warranted in circumstances where the victim survives for days to months after the attack

and continues to suffer throughout.” Force v. Islamic Republic of Iran, 617 F. Supp. 3d 20, 34

(D.D.C. 2022). Yet even “[i]f a fatal injury was not instantaneous, a court must refuse to award

damages for pain and suffering if the plaintiff is unable to prove that the decedent consciously

experienced the time between an attack and his death.” Est. of Hirshfeld v. Islamic Republic of

Iran, 330 F. Supp. 3d 107, 145 (D.D.C. 2018); see also Roth, 78 F. Supp. 3d at 402; Valore, 700

F. Supp. 2d at 77; Wultz, 864 F. Supp. 2d at 38.

Forty-six estate Plaintiffs seek pain and suffering awards of $500,000. See Pls.’ Mem. at

8; Damages Table. The estates of Michael Anaya and Duncan Crookston seek augmented awards.

See Pls.’ Mem. at 11–12, 21–22.

a. Forty-six Estates Seeking $500,000

Plaintiffs assert that “there is no specific record or eyewitness evidence of” pain and

suffering experienced by these 46 servicemembers before dying. Mot. at 8. They nonetheless

request $500,000 per plaintiff based on an orthopedic surgeon’s opinion that victims who die from

traumatic injury—even those who die instantaneously—“experience pain and psychological

trauma following clinical death for aa [sic] period between two and 10 minutes.” Mot., Ex. B,

Expert Report of Dr. Francis X. McGuigan, Orthopedic Surgeon (“McGuigan Report”) 3–4, ECF

No. 45-3.

The Court declines to adopt this pseudoscientific theory of pain and suffering. Courts

require proof of consciousness between injury and death—even if only minutes—to award pain

and suffering damages. See Hirshfeld, 330 F. Supp. 3d at 145; Roth, 78 F. Supp. 3d at 402; Valore,

17 700 F. Supp. 2d at 77; Wultz, 864 F. Supp. 2d at 38. Plaintiffs’ theory flies in the face of this case

law—and accepted medical science—as it would grant compensable pain and suffering damages

to all decedents who die of trauma.

However, counsel for Plaintiffs is incorrect to say that Plaintiffs lack evidence of

consciousness for all 46 estates. The Court has reviewed the evidence submitted by Plaintiffs

which—contrary to counsel’s representations—does indicate consciousness before dying in some

cases. The Court grants the following awards to ensure a similar outcome as similarly situated

plaintiffs. See Neiberger, 2022 WL 17370239, at *12. These plaintiffs should not be punished for

their counsel’s mistakes.

First is David Knapp, who survived the initial attack and spent 16 months in the hospital

after a double amputation. See Ex. 684 at 2–3. After leaving the hospital, Knapp returned home

for about a year, after which he died from a heart attack. See id. at 3. Because Knapp experienced

over a year of pain and suffering before dying, an award for such damages is appropriate. See

Force, 617 F. Supp. 3d at 34. Knapp’s injuries were comparable to those meriting a $10 million

award. See Weinstein, 184 F. Supp. 2d at 22–23. However, such awards “incorporate[] an element

of future pain and suffering, which survivors of attacks must bear,” Fritz, 324 F. Supp. 3d at 61,

which is inapplicable to Knapp, who is deceased. Thus, an award lower than $10 million is

appropriate. See id. The Court therefore grants Knapp’s estate $7.5 million.

Next, Barry Mayo was “conscious and talking for the approx. 5 minutes it took to drive

him” to a medical treatment facility before he died at the facility. Ex. 579 at 41. These minutes of

consciousness are sufficient to establish pain and suffering damages. See Selig, 573 F. Supp. 3d at

64. The Court grants Mayo’s estate $500,000.

18 Finally, Joshua Modgling was heard “crying for help” and lived for approximately six

minutes before he died. Ex. 630 at 54, 63. These minutes of consciousness establish compensable

pain and suffering. See Selig, 573 F. Supp. 3d at 64. The Court grants Modgling’s estate $500,000.

b. Estate Plaintiffs Seeking Upward Adjustments

The estate of Michael Anaya seeks $5 million for Anaya’s 75 minutes of conscious pain

and suffering between EFP attack and death. See Pls.’ Mem. at 11–12. Anaya was “aware” and

“responsive to questions” during this time. Id. Courts typically award $1 million where a trauma

victim lives for one to two hours before dying. See Selig, 573 F. Supp. 3d at 64–65 (victim lived

for several hours); Doe A-1 v. Democratic People’s Repub. of Korea, No. 18-cv-252, 2021 WL

723257, at *7 (D.D.C. Feb. 24, 2021) (victim lived between a few minutes and a few hours);

Flatow v. Islamic Republic of Iran, 999 F. Supp. 1, 29 (D.D.C. 1998) (victim lived three to five

hours). The Court will follow suit here: “although [Anaya’s] suffering was no doubt terrible, it was

not substantially different from the suffering of other victims who have received” a $1 million

award. Selig, 573 F. Supp. 3d at 65.

Second, the estate of Duncan Crookston requests $8 million for Crookston’s five months

of conscious pain and suffering between EFP attack and death. See Pls.’ Mem. at 21. Crookston

lost his limbs, underwent multiple serious surgeries, and suffered multiple severe infections caused

by the loss of his extremities and severe burns across most of his body. See id. Courts award pain

and suffering award amounts of around $8 million in similar circumstances. See, e.g., Wultz, 864

F. Supp. 2d at 38 (victim suffered severe bleeding for nearly a month, lost organs and part of his

leg, and experienced many infections). The Court therefore grants Crookston’s estate $8 million.

19 C. Family Members

Solatium “damages seek to compensate victims for the ‘[m]ental anguish, bereavement and

grief’ resulting from a loved one’s death or injury.” Pautsch v. Islamic Republic of Iran, No. 20-

cv-3859, 2024 WL 2864215, at *2 (D.D.C. June 6, 2024) (quoting Fraenkel, 892 F.3d at 356–57).

“So long as the plaintiffs are immediate family members, there is a ‘presumption that family

members in direct lineal relationship suffer compensable mental anguish, . . . and testimony

proving a close relationship will usually be sufficient to sustain an award of solatium damages.’”

Doe v. Democratic People’s Republic of Korea Ministry of Foreign Affs. Jungsong-Dong, 414 F.

Supp. 3d 109, 128–29 (D.D.C. 2019) (quoting Kaplan v. Hezbollah, 213 F. Supp. 3d 27, 38

(D.D.C. 2016)). Although these emotional impacts “are by their very nature unquantifiable,”

Pautsch, 2024 WL 2864215, at *2 (quoting Moradi, 77 F. Supp. 3d at 72), the “so-called Heiser

framework . . . provides baseline figures and a basic methodology by which to ascertain” the

appropriate amount of solatium damages, Taitt v. Islamic Republic of Iran, 664 F. Supp. 3d 63, 91

(D.D.C. 2023) (citing Heiser, 466 F. Supp. 2d 229). Application of this framework helps ensure

“that individuals with similar injuries receive similar awards.” Taitt, 664 F. Supp. 3d at 91 (quoting

Peterson, 515 F. Supp. 2d at 54).

“As a starting point, the family of a deceased victim typically receives damages in the

amount of $8 million for a spouse, $5 million for a child or parent, and $2.5 million for a sibling.”

Taitt, 664 F. Supp. 3d at 92 (citing Schooley v. Islamic Republic of Iran, No. 17-cv-1376, 2019

WL 2717888, at *74 (D.D.C. June 27, 2019)). “These amounts are halved for the family of an

injured victim, with courts generally awarding $4 million to a spouse, $2.5 million to a child or

parent, and $1.25 million to a sibling.” Id. “Decisions to deviate from the starting points provided

20 by the Heiser framework are committed to the discretion of the particular court in each case.” Id.

at 91–92 (quoting Oveissi v. Islamic Republic of Iran, 768 F. Supp. 2d 16, 26 (D.D.C. 2011)).

Here, 80 parents, ten step-parents, 90 siblings or step-siblings, 33 spouses, and 46 children

seek the base solatium awards established by Heiser. See Damages Table. Four Plaintiffs ask for

augmented awards. See id.

Family Members with Established Close Relationships to the Servicemember

Most plaintiffs have provided affidavits that establish their close relationship to their

deceased or injured family member and their “mental anguish, bereavement and grief” upon their

family member’s injury or death. Fraenkel, 892 F.3d at 356–57 (quoting Flatow v. Islamic

Republic of Iran, 999 F. Supp. 1, 30 (D.D.C. 1998)). Amongst plaintiffs who were step-family to

their deceased or injured family members, the Court is satisfied that they were “functional

equivalents of immediate family members.” Bettis v. Islamic Republic of Iran, 315 F.3d 325, 337

(D.C. Cir. 2003). No factors requiring downward departures from the Heiser baseline award

amounts—such as those described in Sections 3 and 4 below—are present in these instances. These

plaintiffs are accordingly entitled to the full applicable award amounts under Heiser.3

3 These plaintiffs are: Chelsea Adair; Nadja Altman; Gloria Prosser; Charles Altman; Michael Altman; Cheryl Anaya; Trista Moffett; Carmelo Anaya; Briana Waswo; Robert Anderson; Elizabeth Beem; Diane Beem; Joseph Beem; Cassandra Beem; Kaitlyn Beem; Kelly Beem; Cynthia Colon; Joseph Beem, Jr.; Vanessa Beyers; Tim Beyers; Sonja Beyers; Tyler Beyers; Misty Blickenstaff; M. Blickenstaff; Pamela Blickenstaff Jones; Jared Blickenstaff; Adrianne Blickenstaff; Trista Carter; Jennifer Botts; Dara Botts; John S. Botts; Elizabeth Cunningham; Peggy Donaldson; Eldridge Butler; Megan Byers; Cameron Byers; Nadia Cadavero; David Cadavero; Kristia Markarian; Rosa Milagro Ascensio; Saul Rauda; Yeny Rauda; Jasmyn Rauda; Evelyn Rauda; Linda Cope; Philip Cope; Jacob Cope; Jonathan Cope; Holly Craven; Kay Stockdale; Lucas Dahlman; Amber Ahrens; Loramay Diamond; Taylor Diamond; Madison Diamond; Sean Diamond; Sally Diamond Wiley; Jason Diamond; Michael Diamond; Barry Edds; Julia Edds; Joel Edds; Lonnie W. Ford; Jessica Matson; Shawn Ford; Randy Gage; Julie Rosa; Faye Mroczkowski; Laura Gonzalez; Benedict Gonzalez; Benedict Jacob Gonzalez; J. Hancock;

21 Family Members Who Provided No Evidence

Many plaintiffs have provided no evidence, in the form of affidavits or otherwise, in

support of their request for damages.4 Plaintiffs explain that some family members “were unwilling

to draft or incapable of drafting Declarations in which they would have described the relationship

they had with their surviving or deceased Soldier and the effects their Soldiers’ injuries or deaths

Samantha Hancock; Savannah Tscherny; Deborah Harris; Gary Henry; Betty Kline; John Kline, Jr.; Jeanette Knapp; Deborah Otte; David Kube; Jonathan Kube; Jessica Kube; Jason Kube; Jennifer Kube; Anthony Lill; Charmaine Lill; Kortne Jones; Stephanie Marciante; Maria Marciante; Luigi Marciante; Enza Marciante Balestrieri; Sarah Martinez; John Mayo; Rebecca Mayo; Andy Mayo; Melinda Mixon; Walter Mixon; Kenneth Mixon; Kimberly Spillyards; Julie Montano; Keith Modgling; Christopher Modgling; Kellilynn Stuart; Michelle Modgling; Kenneth Schaffer; Glenn Morris; Amy Morris; Kristi Pearson; Maria Paupore; Sharon Osborne; Mailey Paupore; Cody Paupore; Thomas Paupore; Leslie Bueno; Julie Payne; Jon Marie Pearson; Daniel Perez; Vicki Perez; Lisa Thompson; Lowell Keith Thompson; Brenna Corbin; Lois Richard; Joseph Richard, Jr.; Carmen Richard Billedeaux; Julie Rosenberg; Kathy Moore; Cassandra Rzepa; K. Rzepa; Ann Rzepa; David Michael Shaidell; Cheryl Ann Saaristo; Leah Marie Saaristo; Brian Saaristo, Jr.; Shirley Ann Saaristo; Brenda Angell; Kayleen Schild; Koby Schild; Keely Schild; Bruce Schild; Brooks Schild; Diane Sowinski; Jared Sowinski; Austin Sowinski; Erin Dructor; Audrey Barber; Callie McGee; Stephanie Benefield; Mae Takai; Jonamae Takai; Niana Takai; Juan Takai; Jolene Takai; Jermaine Takai; Tammy Richard; Glenn Richard; Heather Richard; Karen Thorne; Walter Tollefson; Mary Steinman; Kathryn Tollefson Miller; Maria Vazquez; Pablo Vazquez; Pablo Vazquez, Jr.; Marisel Vazquez; Javier Vazquez; Marianne Vendela; Margaret Wakeman; David Wakeman; William Zachary Wakeman; Wendy Green; Chad Weikel; Lydia Lantrip; Billie Wells, Jr.; Jeremy Wells; Randall Wendling; Carrie Wendling; Jennifer White; Julia Brooks; Marcus Ramos; Charlene Wilcox; Bianca Wilcox; Ona Wilcox; and Charles Wilcox, III. The applicable award amounts are reflected in the table following this opinion. 4 These plaintiffs are: Constance Ahearn; Kevin Ahearn; Janet Waswo; James Waswo; Michelle Dearing; Sherri Cottrell; E. Cottrell; James Cottrell; Megan Cottrell; Doeshie Waters; Larry Stockdale; Samantha Gage; Michael Gage; Tamara Gage; Brenda Richards; Dirrick Benjamin; Joanna Harris; J. Harris; Skye Otero; Mikayla Lill; Cody Jacob Lill; Tia Mixon; T.R. Mixon; Adam Morris; Cassidy Morris; Joe Paupore; Mariah Coward; Jennifer Rubio; N. Rubio- Hernandez; Barbara J. Liimatainen; Jim Schumann; Brent Anderson; Kristie Nelson; Patricia Cruze; Doyle Thorne; Joey Robinson; Jessica Mecklenburg; Yarissa Torres; Melanie Atzmann; Steven Ulloa; Francisca Marmol; Jose Ulloa; Ruberterna Ulloa; Stephanie Marmol; Simona Francis; and Joseph Zapfe. See Pls.’ Resp. Court’s Min. Order 1–3, ECF No. 50; Ex. 482 (email from Janet Waswo asking to be excluded from case); Exhibit List at 5, 6, 9, 19 (not including exhibits on behalf of Michelle Dearing, Sherri Cottrell, Brenda Richards, Melanie Atzmann; Jose Ulloa, or Ruberterna Ulloa).

22 have had on them.” Pls.’ Mem. at 3 n.1. Although “the quantum and quality of evidence that might

satisfy a court can be less than that normally required” at this stage, Fraenkel, 892 F.3d at 353

(citing Owens v. Republic of Sudan, 864 F.3d 751, 785 (D.C. Cir. 2017)), and although the Court

is sensitive to the emotional toll of revisiting traumatic memories, Plaintiffs cannot prevail on

default as to damages without any evidence whatsoever. Indeed, “the Court must deny an award

of solatium damages to [a family member] for lack of evidence . . . . where no evidence is offered

to show injury that an award of solatium damages might compensate.” See Roth, 78 F. Supp. 3d at

406. And counsel for Plaintiffs offers no basis to deviate from this caselaw, which begs the

question of how counsel can make a request as to these plaintiffs in good faith. The Court awards

zero damages—without prejudice—to these plaintiffs. These plaintiffs retain the right to move

again for damages if supported by competent evidence.

Family Members with Downward Departures under Heiser

The following plaintiffs have provided evidence that merits downward departures from the

Heiser framework.

a. Family members who did not provide evidence of “mental anguish, bereavement [or] grief.”

The following plaintiffs provided nearly-identical declarations saying that they are “unable

to provide a written Declaration describing [their] experience:” Doris Voncile Bennett; Dempsey

Lee Bennett; Darnell Travon Bennett; Brandy Cottrell; Kevyn Perez; and Ben Schumann. See Exs.

694, 695, 655, 874, 612. These declarations explain that the injury or death of their loved one was

so traumatic that they are unwilling to revisit the event. See id. This is totally understandable.

However, counsel for Plaintiffs only needed to adduce “testimony proving a close relationship

[which is] usually [] sufficient to sustain an award of solatium damages.” Doe, 414 F. Supp. 3d at

129 (internal citation omitted). But counsel failed to do so. “In such a circumstance and with little

23 else to go on regarding even the [Plaintiff]s’ relationship to [their family member], the Court will

award each [two-fifths of the amount] that can be available to [family member]s.” Pennington,

2022 WL 168261, at *2 (citing Roth, 78 F. Supp. 3d at 403).

b. Family members who were young at the time of death or injury.

If a plaintiff is young at the time of their family member’s death or injury, they may recover

solatium damages if they “suffered emotional distress and other adverse effects of the impact of

[the attack on their family member] as they were growing up.” Akins v. Islamic Republic of Iran,

332 F. Supp. 3d 1, 44 (D.D.C. 2018); see also M.M. v. Islamic Republic of Iran, No. 21-cv-2783,

2023 WL 8867943, at *17, 19 (D.D.C. Dec. 22, 2023) (awarding solatium damages to an infant,

one-and-a-half-year-old, and three-year-old who did “not immediately comprehend the loss” of

their fathers but demonstrated emotional distress growing up). However, plaintiffs are not entitled

to solatium damages where “there is little evidence showing that [the family member] experienced

the severe emotional distress necessary to sustain a solatium award.” Est. of Brown v. Islamic

Republic of Iran, 872 F. Supp. 2d 37, 44 (D.D.C. 2012).

The following plaintiffs were very young at the time of the death or injury of their parent

and have not offered evidence of “the severe emotional distress necessary to sustain a solatium

award,” Est. of Brown, 872 F. Supp. 2d at 44: J. Altman (6 months); A.R. Calderon (1 year); A.J.

Calderon (1 year); L. Cope (10 months); C. Blickenstaff (2 years); A. Hancock (a few weeks); L.

Marciante (6 weeks); K. Payne (1 month); C. Rzepa (2 months); I. Takai (10 days); K. Takai (4

years); and J.T. Weikel (8 months). See Ex. 59 (Decl. of Nadja Altman on behalf of J. Altman);

Ex. 6 (Decl. of Mirtha V. Ponce on behalf of A.R. Calderon and A.J Calderon); Ex. 41 (Decl. of

Erica Rene Owens on behalf of L. Cope); Ex. 112 (Decl. of Misty Blickenstaff on behalf of C.

Blickenstaff); Ex. 453 (Decl. of Stacie Tscherny on behalf of J. Hancock and A. Hancock); Ex.

24 666 (Decl. of Stephanie Marciante on behalf of L. Marciante); Ex. 456 (Decl. of Julie Payne on

behalf of A. Payne and K. Payne); Ex. 137 (Decl. of Cassandra Rzepa on behalf of C. Rzepa); Ex.

72 (Decl. of Mae Takai on behalf of K. Takai and I. Takai); Ex. 12 (Decl. of Wendy Theresa Green

on behalf of J. Weikel). Lacking evidence of emotional distress, the Court cannot grant these

Plaintiffs solatium awards. The Court awards no damages—without prejudice—to these plaintiffs.

These plaintiffs retain the right to move again for damages if supported by competent evidence.

Other young Plaintiffs, however, have provided sufficient evidence to establish “the[ir]

severe emotional distress necessary to sustain a solatium award.” Est. of Brown, 872 F. Supp. 2d

at 44. Although E. Beyers was only eight months old at the time of her father’s death, she has

“hurt[]” throughout her life due to his loss. Ex. 140 at 4. She “cr[ies] out for him, saying she misses

him and wishes he could be alive” and “asks him to visit her in her dreams.” Id. at 4–5. A. Diamond

was four years old at the time of her father’s death, and “really could not understand what had

happened.” Ex. 117 at 6. However, she “would cry at night for her daddy” and still has “deep

sadness” about his loss. Id. at 6–7. A. Payne was one-and-a-half years old at the time of her father’s

death, however, she “ha[d] a very hard time because she knew something was wrong” and “would

go through fits. She did not stop asking about Daddy for a long time.” Ex. 456 at 4. J. Rosenberg

was three years old at the time of his father’s death and, although he “has minimal memory of his

father,” Ex. 698 at 3, his “emotions of losing [his father] arise on what would seem to be an

ordinary day,” such as becoming “overwhelmed with emotions and beg[inning] to cry” in school

at the assignment to write a letter to a solider. Id. His younger brother, M. Rosenberg, “has no

memory of his father.” Ex. 699 at 3. However, “[t]he fact of having no memory leaves [M.] with

a feeling of emptiness that can’t be filled.” Id. The Court awards the full solatium damages award

amount to these plaintiffs.

25 c. Family members with attenuated relationships to the servicemember.

A downward departure is appropriate where there is “attenuation in a relationship.” Gration

v. Islamic Republic of Iran, No. 21-cv-1859, 2023 WL 5221955, at *34 (D.D.C. Aug. 15, 2023).

The following plaintiffs did not establish a relationship with the servicemember sufficient to award

the full Heiser base amount.

Linda Mattison-Ford only knew her stepson, Joshua Ford, for three to four years before he

was killed. See Ex. 28 at 2. This warrants a downward departure due to the length of Linda and

Joshua’s relationship as compared with that of a parent who raised a child. See Gration, 2023 WL

5221955, at *34. Moreover, although Linda describes that she “los[t] a great step-son,” she

otherwise describes only how Joshua’s death affected her husband. Ex. 28 at 2; cf. O’Brien v.

Islamic Republic of Iran, 853 F. Supp. 2d 44, 48 (D.D.C. 2012) (no solatium damages to family

member who was “[u]nab[le] to recall suffering emotional distress after the [attack on his family

member]”). The Court therefore awards Linda Mattison-Ford $500,000.

James “Michael” Wiley married his deceased stepson’s mother when his stepson, Sean

Wiley, was 25 years old. See Ex. 121 at 1. Wiley had known Sean from a young age and treated

Sean as if he were his “own,” and describes that Sean’s death “devastated” him. Id. at 2. However,

a downward departure from Heiser is merited by the length of Wiley and Sean’s relationship as

compared with that of a parent who raised a child from birth. See Gration, 2023 WL 5221955, at

*34. The Court therefore awards Wiley $2 million.

Thomas Moore, Jr. did not provide a unique declaration describing his relationship with

his stepson, Ryan Russell. See Ex. 585. Instead, Moore’s wife—Ryan’s mother—provided a

declaration in which she describes marrying Moore when Ryan was 12. See id. The declaration is

signed by both Mr. and Ms. Moore, but is written from Ms. Moore’s perspective. See id. Due to

26 the paucity of evidence on the effect of Ryan’s death on Moore, Jr. specifically or the extent of

their relationship, the Court awards Moore, Jr. $2 million. Cf. O’Brien, 853 F. Supp. 2d at 48.

Kayla Oppegard, stepsister to deceased servicemember Jason Schumann, lived with Jason

for four years before he graduated from high school. See Ex. 615 at 1. Ms. Oppegard describes her

deep distress upon learning of Jason’s death. See id. at 2. However, the relatively short length of

their relationship merits an award of $1.5 million. See Gration, 2023 WL 5221955, at *34.

David “Blake” Lantrip, stepbrother of injured servicemember Joshua Wells, primarily

grew up in a different household from Joshua. See Ex. 102 at 1. Mr. Lantrip reports that he and

Joshua had a close relationship, and that he went into a “state of shock” when he heard of Joshua’s

injury. Id. at 1–2. He also reports that watching Joshua suffer has been “hard.” Id. Because the

stepbrothers primarily grew up separately and without additional evidence concerning the effect

of the attack on Mr. Lantrip, the Court awards Blake $500,000. See Gration, 2023 WL 5221955,

at *34.

Finally, Edward Zapfe, brother of deceased servicemember William Zapfe, offered a

declaration that neither described his relationship with William nor his reaction to William’s death.

See Ex. 636. Without evidence concerning the nature of their relationship or the effect of William’s

death, the Court will award Zapfe $500,000. See Pennington, 2022 WL 168261, at *2 (citing Roth,

78 F. Supp. 3d at 403); cf. O’Brien, 853 F. Supp. 2d at 48. This determination is made without

prejudice, should Zapfe choose to submit additional evidence.

Family Member Plaintiffs Seeking Augmented Base Awards

Upward deviations from the Heiser base amounts “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;

27 medical proof of severe pain, grief or suffering on behalf of the claimant [is presented]; and

circumstances surrounding the terrorist attack [rendered] the suffering particularly more acute or

agonizing.’” Est. of Brown, 872 F. Supp. 2d at 43 (quoting Oveissi, 768 F. Supp. 2d at 26–27).

Four plaintiffs seek augmented base awards: Mirtha Ponce, surviving spouse of Roland

Calderon; Erica Cope, former spouse of plaintiff Joshua Cope; Leesha Crookston, mother of

deceased Duncan Crookston; and Stacie Tscherny, mother of plaintiff Jerral Hancock. See Pls.’

Mem. at 15–31. Counsel for these four plaintiffs offers no legal support for this request. See id.

a. Mirtha Ponce (surviving spouse of Roland Calderon)

Mirtha Ponce requests $10 million due to “the extreme nature of [her] solatium injuries.”

Pls.’ Mem. at 16. Plaintiffs’ motion describes that Ponce loved her husband—who was killed by

EFP attack in 2006—very much and still misses him dearly; the difficulty of raising young twins

alone; Ponce fainted when she learned of Calderon’s death; and that Ponce was unable to recognize

her husband’s face at the funeral. See id. at 15–16. However, Plaintiffs do not offer evidence in

support of these details: Ms. Ponce’s affidavit describes only her marriage to her husband and her

sons’ experience growing up without their father. See Ex. 6 at 1. “When courts award upward

departures, they usually do so because of an unusual circumstance beyond the ordinary anguish

that results from losing a family member.” Pennington, 2022 WL 168261, at *3 (quoting Selig,

573 F. Supp. 3d at 66). The injuries that Ms. Ponce establishes by affidavit are the type of injuries

that the base solatium award is meant to cover, which the Court therefore awards her.

b. Erica Cope (former spouse of Joshua Cope)

Erica Cope requests $12 million due to “the extreme nature of [her] solatium injuries.” Pls.’

Mem. at 21. Ms. Cope was married to Joshua Cope at the time of the attack that severely injured

him; they divorced nine years later because of her husband’s physical and emotional injuries. See

28 id. at 19. Ms. Cope undertook extensive caretaking of Joshua and effectively raised their three kids

on her own. See id. at 20.

While tragic, upward adjustments are not warranted for “relatives of wounded and killed

servicemembers . . . [whose] lives spiraled downward after the attack, leading to divorce and

addiction . . . and other mental-health issues.” Pennington, 2022 WL 168261, at *3. “Once again,

the Court does not see a basis to deviate from the already-substantial awards, which take into

consideration the likelihood of serious detrimental effects from these events on families.” Id. The

Court therefore awards Ms. Cope the base solatium award.

c. Leesha Crookston (mother of deceased, Duncan Crookston)

Leesha Crookston requests $10 million due to “the extreme nature of [her] solatium

injuries.” Pls.’ Mem. at 22. Ms. Crookston spent the last five months of her son Duncan

Crookston’s life with him after he lost all four limbs in an EFP attack. See id. at 21; Ex. 662 at 4–

5. Ms. Crookston also suffered the attempted suicide of her other son due to Duncan’s injury and

death. See Pls.’ Mem. at 21–22; Ex. 662 at 7. While tragic, Ms. Crookston suffered injuries that

the base award established under Heiser is meant to recompense. See Pennington, 2022 WL

168261, at *3 The Court therefore awards Ms. Crookston the base solatium award.

d. Stacie Tscherny (mother of Plaintiff Jerral Hancock)

Stacie Tscherny, the mother of plaintiff Jerral Hanckock, requests $7.5 million in solatium

damages due to “the extreme nature of her multiple psychological and financial hardships endured

in having to perform around-the-clock dependent care for her son.” Pls.’ Mem. at 31. Ms. Tscherny

became her son’s full-time caretaker after his injury and paralysis. See id. Ms. Tscherny quit her

job to care for her son. See id. at 30. She describes how difficult and time-consuming it is to provide

29 this round-the-clock care. See id. Ms. Tscherny now lives on a reduced, strict budget and worries

about her financial solvency as she ages. See id.

Solatium damages are awarded “for injury to the feelings and loss of . . . comfort and

society,” Fraenkel, 892 F.3d at 356, not for the economic injuries. Ms. Tscherny’s admirable

sacrifices undertaken to care for her son do not directly bear upon the solatium analysis. And “the

Heiser standards account for the emotional distress of a parent who sees her children injured.”

Mark v. Islamic Republic of Iran, 626 F. Supp. 3d 16, 37 (D.D.C. 2022). The Court awards

Ms. Tscherny the base solatium award.

D. Punitive Damages

The Court bifurcates the damages question and will return separately to Plaintiffs’ punitive

damages request.

IV. CONCLUSION

For the foregoing reasons, the Court grants Plaintiffs damages in the amounts set forth in

the table below.

Date: June 30, 2024 ___________________________________ ZIA M. FARUQUI UNITED STATES MAGISTRATE JUDGE

30 AWARD TABLE

Base Award Total Last Name or (Solatium or Economic Compensatory First Name Relationship Estate Pain and Damages Damages Suffering) Awarded Estate of James Adair Estate $0 $1,014,478 $1,014,478 Adair Chelsea Spouse $8,000,000 $8,000,000 Ahearn Constance Parent $0 $0 Ahearn Kevin Sibling $0 $0 Altman Jake Self $5,000,000 $2,111,612 $7,111,612 Altman Nadja Spouse $4,000,000 $4,000,000 Altman J. Son $0 $0 Prosser Gloria Parent $2,500,000 $2,500,000 Altman Charles Sibling $1,250,000 $1,250,000 Altman Michael Sibling $1,250,000 $1,250,000 Estate of Michael Anaya Estate $1,000,000 $389,580 $1,389,580 Anaya Cheryl Parent $5,000,000 $5,000,000 Moffett Trista Sibling $2,500,000 $2,500,000 Anaya, Jr. Carmelo Sibling $2,500,000 $2,500,000 Anderson Bryan Self $11,000,000 $620,810 $11,620,810 Waswo Janet Parent $0 $0 Waswo James Step-parent $0 $0 Anderson Robert Sibling $1,250,000 $1,250,000 Waswo Briana Sibling $1,250,000 $1,250,000 Beem Brian Self $7,000,000 $2,768,536 $9,768,536 Beem Elizabeth Spouse $4,000,000 $4,000,000 Beem Diane Parent $2,500,000 $2,500,000 Beem Joseph Parent $2,500,000 $2,500,000 Beem Cassandra Daughter $2,500,000 $2,500,000 Beem Kaitlyn Daughter $2,500,000 $2,500,000 Beem Kelly Daughter $2,500,000 $2,500,000 Colon Cynthia Sibling $1,250,000 $1,250,000 Beem, Jr. Joseph Sibling $1,250,000 $1,250,000 Estate of Durrell Bennett Estate $0 $406,817 $406,817 Bennett Doris Voncile Parent $2,000,000 $2,000,000 Bennett Dempsey Lee Parent $2,000,000 $2,000,000 Bennett Darnell Travon Sibling $1,000,000 $1,000,000 Estate of Nathan Beyers Estate $0 $1,415,566 $1,415,566 Beyers Vanessa Spouse $8,000,000 $8,000,000 Beyers E. Daughter $5,000,000 $5,000,000 Beyers Tim Parent $5,000,000 $5,000,000 Beyers Sonja Step-parent $5,000,000 $5,000,000 Beyers Tyler Sibling $2,500,000 $2,500,000 Blickenstaff John Self $8,000,000 $1,987,571 $9,987,571

31 Blickenstaff Misty Spouse $4,000,000 $4,000,000 Blickenstaff M. Daughter $2,500,000 $2,500,000 Blickenstaff C. Daughter $0 $0 Jones Pamela Blickenstaff Parent $2,500,000 $2,500,000 Blickenstaff Jared Sibling $1,250,000 $1,250,000 Blickenstaff Adrianne Sibling $1,250,000 $1,250,000 Carter Trista Sibling $1,250,000 $1,250,000 Botts John A. Self $7,000,000 $2,162,430 $9,162,430 Botts Jennifer Spouse $4,000,000 $4,000,000 Botts Dara Parent $2,500,000 $2,500,000 Botts John S. Parent $2,500,000 $2,500,000 Cunningham Elizabeth Sibling $1,250,000 $1,250,000 Donaldson Peggy Parent $5,000,000 $5,000,000 Butler Eldridge Sibling $2,500,000 $2,500,000 Estate of Adrian Butler Estate $0 $477,218 $477,218 Byers Brandon Self $7,500,000 $1,615,026 $9,115,026 Byers Megan Spouse $4,000,000 $4,000,000 Byers Cameron Daughter $2,500,000 $2,500,000 Estate of Jonathan Cadavero Estate $0 $1,208,726 $1,208,726 Cadavero Nadia Parent $5,000,000 $5,000,000 Dearing Michelle Spouse $0 $0 Cadavero David Parent $5,000,000 $5,000,000 Markarian Kristia Sibling $2,500,000 $2,500,000 Ponce Mirtha Spouse $8,000,000 $8,000,000 Calderon A.R. Son $0 $0 Calderon A.J. Son $0 $0 Ascencio Rosa Milagro Parent $5,000,000 $5,000,000 Rauda Saul Step-parent $5,000,000 $5,000,000 Rauda Yeny Sibling $2,500,000 $2,500,000 Rauda Jasmyn Sibling $2,500,000 $2,500,000 Rauda Evelyn Sibling $2,500,000 $2,500,000 Estate of Roland Calderon-Ascencio Estate $0 $344,177 $344,177 Cope Joshua Self $11,000,000 $2,008,930 $13,008,930 Owens (formerly Erica Spouse $4,000,000 $4,000,000 Cope) Cope L. Daughter $0 $0 Cope Linda Parent $2,500,000 $2,500,000 Cope Philip Parent $2,500,000 $2,500,000 Cope Jacob Sibling $1,250,000 $1,250,000 Cope Jonathan Sibling $1,250,000 $1,250,000 Cottrell Sherri Spouse $0 $0 Cottrell E. Son $0 $0 Cottrell James Son $0 $0 Cottrell Brandy Daughter $2,000,000 $2,000,000 Cottrell Megan Daughter $0 $0

32 Waters Doeshie Parent $0 $0 Craven Josh Self $5,000,000 $1,155,728 $6,155,728 Craven Holly Spouse $4,000,000 $4,000,000 Estate of Duncan Crookston Estate $8,000,000 $325,764 $8,325,764 Crookston Leesha Parent $5,000,000 $5,000,000 Dahlman Louis Self $8,000,000 $1,515,072 $9,515,072 Stockdale Kay Parent $2,500,000 $2,500,000 Stockdale Larry Step-parent $0 $0 Dahlman Lucas Sibling $1,250,000 $1,250,000 Ahrens Amber K. Sibling $1,250,000 $1,250,000 Estate of Sean Diamond Estate $0 $1,477,593 $1,477,593 Diamond Loramay Spouse $8,000,000 $8,000,000 Diamond Taylor M. Daughter $5,000,000 $5,000,000 Diamond Madison J. Daughter $5,000,000 $5,000,000 Diamond Sean R. Son $5,000,000 $5,000,000 Diamond A. Daughter $5,000,000 $5,000,000 Wiley Sally Diamond Parent $5,000,000 $5,000,000

Wiley James "Michael" Step-parent $2,000,000 $2,000,000

Diamond Jason Sibling $2,500,000 $2,500,000 Diamond Michael Sibling $2,500,000 $2,500,000 Donaldson James Self $10,000,000 $389,211 $10,389,211 Edds Barry Parent $5,000,000 $5,000,000 Edds Julia Parent $5,000,000 $5,000,000 Edds Joel Sibling $2,500,000 $2,500,000 Forbes, IV Norman Self $5,000,000 $474,075 $5,474,075 Ford Lonnie W. Parent $5,000,000 $5,000,000 Mattison-Ford Linda Step-parent $500,000 $500,000 Matson Jessica Sibling $2,500,000 $2,500,000 Ford Shawn Sibling $2,500,000 $2,500,000 Estate of Joshua Ford Estate $0 $516,009 $516,009 Gage Samantha Spouse $0 $0 Gage Michael Son $0 $0 Gage Randy Parent $5,000,000 $5,000,000 Gage Tamara Step-parent $0 $0 Rosa Julie Sibling $2,500,000 $2,500,000 Estate of Joseph Gage Estate $0 $1,787,804 $1,787,804 Gagne Derek Self $10,000,000 $447,200 $10,447,200 Mroczkowski Faye Parent $2,500,000 $2,500,000 Estate of Shawn Gajdos Estate $0 $262,217 $262,217 Richards Brenda Parent $0 $0 Estate of Zachariah Gonzalez Estate $0 $419,080 $419,080 Gonzalez Laura Parent $5,000,000 $5,000,000 Gonzalez Benedict Parent $5,000,000 $5,000,000

33 Gonzalez Benedict Jacob Sibling $2,500,000 $2,500,000 "Jake" Hancock Jerral Self $11,500,000 $1,573,680 $13,073,680 Hancock J. Son $2,500,000 $2,500,000 Hancock A. Daughter $0 $0 Tscherny Stacie Parent $2,500,000 $2,500,000 Benjamin Dirrick Step-parent $0 $0 Tscherny Savannah Sibling $1,250,000 $1,250,000 Hancock Samantha Sibling $1,250,000 $1,250,000 Estate of Blake Harris Estate $0 $1,727,706 $1,727,706 Harris Joanna Spouse $0 $0 Harris J. Son $0 $0 Harris Deborah Parent $5,000,000 $5,000,000 Henry Gary Parent $5,000,000 $5,000,000 Estate of Keith Kline Estate $0 $509,817 $509,817 Kline Betty Parent $5,000,000 $5,000,000 Kline, Jr. John Sibling $2,500,000 $2,500,000 Estate of David Knapp Estate $7,500,000 $358,536 $7,858,536 Knapp Jeanette Parent $5,000,000 $5,000,000 Estate of Christopher Kube Estate $0 $967,933 $967,933 Otte Deborah Parent $5,000,000 $5,000,000 Kube David Parent $5,000,000 $5,000,000 Kube Jonathan Sibling $2,500,000 $2,500,000 Kube Jessica Sibling $2,500,000 $2,500,000 Kube Jason Sibling $2,500,000 $2,500,000 Kube Jennifer Sibling $2,500,000 $2,500,000 Estate of Eric Lill Estate $0 $1,448,778 $1,448,778 Otero Skye Spouse $0 $0 Lill Mikayla Daughter $0 $0 Lill Cody Jacob Son $0 $0 Lill Anthony Parent $5,000,000 $5,000,000 Lill Charmaine Parent $5,000,000 $5,000,000 Jones Kortne Sibling $2,500,000 $2,500,000 Estate of Luigi Marciante, Jr. Estate $0 $1,327,155 $1,327,155 Marciante Stephanie Spouse $8,000,000 $8,000,000 Marciante L. Son $0 $0 Marciante Maria Parent $5,000,000 $5,000,000 Marciante Luigi Parent $5,000,000 $5,000,000 Balestrieri Enza Marciante Sibling $2,500,000 $2,500,000 Martinez Sarah Spouse $4,000,000 $4,000,000 Martinez Saul Self $10,000,000 $2,008,635 $12,008,635 Mayo John Parent $5,000,000 $5,000,000 Mayo Rebecca Parent $5,000,000 $5,000,000 Mayo Andy Sibling $2,500,000 $2,500,000 Estate of Barry Mayo Estate $500,000 $417,529 $917,529

34 Estate of Justin Mixon Estate $0 $1,269,900 $1,269,900 Mixon Tia Spouse $0 $0 Mixon T.R. Son $0 $0 Mixon Melinda Parent $5,000,000 $5,000,000 Mixon Walter Parent $5,000,000 $5,000,000 Mixon Kenneth Sibling $2,500,000 $2,500,000 Spillyards Kimberly Sibling $2,500,000 $2,500,000 Estate of Joshua Modgling Estate $500,000 $331,435 $831,435 Montano Julie Parent $5,000,000 $5,000,000 Modgling Keith Parent $5,000,000 $5,000,000 Modgling Christopher Sibling $2,500,000 $2,500,000 Stuart Kellilynn Sibling $2,500,000 $2,500,000 Modgling Michelle Sibling $2,500,000 $2,500,000 Schaffer Kenneth Sibling $2,500,000 $2,500,000 Morris Glenn Parent $5,000,000 $5,000,000 Morris Amy Parent $5,000,000 $5,000,000 Morris Adam Sibling $0 $0 Morris Cassidy Sibling $0 $0 Estate of Daniel Morris Estate $0 $1,639,172 $1,639,172 Pearson Kristi Spouse $8,000,000 $8,000,000 Estate of Andrew Nelson Estate $0 $1,060,341 $1,060,341 Paupore Maria Spouse $4,000,000 $4,000,000 Paupore Mailey Daughter $2,500,000 $2,500,000 Paupore Cody Son $2,500,000 $2,500,000 Osborne Sharon Parent $2,500,000 $2,500,000 Paupore Thomas Parent $2,500,000 $2,500,000 Bueno Leslie Sibling $1,250,000 $1,250,000 Paupore Joe Sibling $0 $0 Paupore Nicholas Self $6,000,000 $2,017,571 $8,017,571 Payne Julie Spouse $8,000,000 $8,000,000 Payne A. Daughter $5,000,000 $5,000,000 Payne K. Daughter $0 $0 Estate of Cameron Payne Estate $0 $1,218,167 $1,218,167 Estate of Andrew Pearson Estate $0 $3,899,826 $3,899,826 Pearson Jon Marie Spouse $8,000,000 $8,000,000 Perez Daniel Parent $5,000,000 $5,000,000 Perez Vicki Parent $5,000,000 $5,000,000 Perez Kevyn Sibling $1,000,000 $1,000,000 Estate of Emily Perez Estate $0 $698,763 $698,763 Estate of Joshua Plocica Estate $0 $385,491 $385,491 Thompson Lisa Parent $5,000,000 $5,000,000 Thompson Lowell Keith Step-parent $5,000,000 $5,000,000 Corbin Brenna Sibling $2,500,000 $2,500,000 Coward Mariah Sibling $0 $0 Richard Lois Elaine Parent $5,000,000 $5,000,000

35 Richard, Jr. Joseph Parent $5,000,000 $5,000,000 Billedeaux Carmen Richard Sibling $2,500,000 $2,500,000 Estate of Mark Rosenberg Estate $0 $4,677,932 $4,677,932 Rosenberg Julie Spouse $8,000,000 $8,000,000 Rosenberg J. Son $5,000,000 $5,000,000 Rosenberg M. Son $5,000,000 $5,000,000 Rubio Jennifer Spouse $0 $0 Rubio-Hernandez N. Son $0 $0 Moore Kathy Parent $5,000,000 $5,000,000 Moore, Jr. Thomas Step-parent $2,000,000 $2,000,000 Estate of Ryan Russell Estate $0 $439,155 $439,155 Rzepa Jason Self $10,000,000 $2,290,536 $12,290,536 Rzepa Cassandra Spouse $4,000,000 $4,000,000 Rzepa C. Son $0 $0 Rzepa K. Son $2,500,000 $2,500,000 Rzepa Ann Parent $2,500,000 $2,500,000 Shaidell David Michael Sibling $1,250,000 $1,250,000 Saaristo Cheryl Ann Spouse $2,500,000 $2,500,000 Saaristo Leah Marie Daughter $2,500,000 $2,500,000 Saaristo, Jr. Brian Son $2,500,000 $2,500,000 Saaristo Shirley Ann Parent $2,500,000 $2,500,000 Angell Brenda Sibling $1,250,000 $1,250,000 Liimatainen Barbara J. Sibling $0 $0 Saaristo Brian Self $10,000,000 $1,439,772 $11,439,772 Schild Kayleen Spouse $8,000,000 $8,000,000 Schild Koby Son $5,000,000 $5,000,000 Schild Keely Daughter $5,000,000 $5,000,000 Schild Bruce Sibling $2,500,000 $2,500,000 Schild Brooks Sibling $2,500,000 $2,500,000 Estate of Richard Schild Estate $0 $1,217,260 $1,217,260 Schumann Jim Parent $0 $0 Schumann Ben Sibling $1,000,000 $1,000,000 Anderson Brent Sibling $0 $0 Nelson Kristie Sibling $0 $0 Oppegard Kayla Sibling $1,500,000 $1,500,000 Estate of Jason Schumann Estate $0 $1,661,683 $1,661,683 Traynor Sowinski Diane Parent $5,000,000 $5,000,000 Sowinski Jared Sibling $2,500,000 $2,500,000 Sowinski Austin Sibling $2,500,000 $2,500,000 Estate of Nicholas Sowinski Estate $0 $519,384 $519,384 Dructor Erin L. Spouse $8,000,000 $8,000,000 Estate of Blake Stephens Estate $0 $1,611,228 $1,611,228 Barber Audrey Spouse $8,000,000 $8,000,000 McGee Callie Sibling $2,500,000 $2,500,000 Benefield Stephanie Sibling $2,500,000 $2,500,000

36 Estate of Brandon Stout Estate $0 $369,060 $369,060 Takai Mae Spouse $4,000,000 $4,000,000 Takai Jonamae Daughter $2,500,000 $2,500,000 Takai Niana Daughter $2,500,000 $2,500,000 Takai I. Daughter $0 $0 Takai K. Daughter $0 $0 Cruze Patricia Parent $0 $0 Takai Juan Parent $2,500,000 $2,500,000 Takai Jolene Sibling $1,250,000 $1,250,000 Takai Jermaine Sibling $1,250,000 $1,250,000 Takai John Self $7,500,000 $1,485,623 $8,985,623 Richard Tammy Parent $5,000,000 $5,000,000 Richard Glenn Parent $5,000,000 $5,000,000 Richard Heather Sibling $2,500,000 $2,500,000 Estate of Brandon Teeters Estate $0 $378,522 $378,522 Thorne Karen Parent $5,000,000 $5,000,000 Thorne Doyle Sibling $0 $0 Robinson Joey Sibling $0 $0 Tollefson Walter Parent $5,000,000 $5,000,000 Steinman Mary Parent $5,000,000 $5,000,000 Mecklenburg Jessica Sibling $0 $0 Miller Kathryn Tollefson Sibling $2,500,000 $2,500,000 Estate of John Tollefson Estate $0 $307,180 $307,180 Tong Andrew "AJ" Self $7,500,000 $2,632,754 $10,132,754 Torres Yarissa Spouse $0 $0 Estate of Teodoro Torres Estate $0 $448,996 $448,996 Estate of Jose E. Ulloa Estate $0 $1,633,769 $1,633,769 Atzmann Melanie Spouse $0 $0 Ulloa Steven Son $0 $0 Marmol Francisca Parent $0 $0 Ulloa Jose Parent $0 $0 Ulloa Ruberterna Sibling $0 $0 Marmol Stephanie Sibling $0 $0 Estate of Omar Vazquez Estate $0 $1,037,823 $1,037,823 Vazquez Maria Parent $5,000,000 $5,000,000 Vazquez Pablo Parent $5,000,000 $5,000,000 Vazquez, Jr. Pablo Sibling $2,500,000 $2,500,000 Vazquez Marisel Sibling $2,500,000 $2,500,000 Vazquez Javier Sibling $2,500,000 $2,500,000 Vendela Marianne Parent $2,500,000 $2,500,000 Vendela Travis Self $10,000,000 $1,185,131 $11,185,131 Wager Michelle Self $9,000,000 $840,651 $9,840,651 Wagner Bryan Self $7,500,000 $398,543 $7,898,543 Wakeman Margaret Parent $5,000,000 $5,000,000 Wakeman David A. Parent $5,000,000 $5,000,000

37 Wakeman William Zachary Sibling $2,500,000 $2,500,000 Estate of Dustin Wakeman Estate $0 $503,121 $503,121 Green Wendy Spouse $8,000,000 $8,000,000 Weikel J.T. Son $0 $0 Weikel Chad Sibling $2,500,000 $2,500,000 Estate of Ian Weikel Estate $0 $2,517,909 $2,517,909 Lantrip Lydia Parent $2,500,000 $2,500,000 Wells, Jr. Billie Parent $2,500,000 $2,500,000 Lantrip David "Blake" Sibling $500,000 $500,000 Wells Jeremy Sibling $1,250,000 $1,250,000 Wells Joshua Self $10,000,000 $1,551,377 $11,551,377 Wendling Randall Parent $5,000,000 $5,000,000 Wendling Carrie Parent $5,000,000 $5,000,000 Estate of Michael Wendling Estate $0 $432,093 $432,093 White Jennifer Spouse $8,000,000 $8,000,000 Brooks Julia Parent $5,000,000 $5,000,000 Ramos Marcus Sibling $2,500,000 $2,500,000 Estate of Lucas T. White Estate $0 $1,391,650 $1,391,650 Wilcox Charlene Parent $5,000,000 $5,000,000 Wilcox Bianca Sibling $2,500,000 $2,500,000 Wilcox Ona Sibling $2,500,000 $2,500,000 Wilcox, III Charles Sibling $2,500,000 $2,500,000 Estate of Carlos Wilcox Estate $0 $442,022 $442,022 Francis Simona Parent $0 $0 Estate of LeRon Wilson Estate $0 $297,589 $297,589 Zapfe Joseph Sibling $0 $0 Zapfe Edward Sibling $500,000 $500,000 TOTALS $1,019,872,428