1 

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLUMBIA

Civil Action No. 19-3835 (JDB) 

Civil Action No. 18-2065 (JDB) 

MEMORANDUM OPINION

Between 2006 and 2019, a terrorist Syndicate comprising al-Qaeda, the Taliban, the Kabul 

Attack Network, and the Haqqani Network (collectively, the “Syndicate”) perpetrated numerous 

terrorist attacks against American servicemembers and civilians in Afghanistan. Victims of those 

attacks and their family members brought these coordinated suits against the Islamic Republic of 

Iran under the terrorism exception to the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. 

§ 1605A, alleging that Iran provided material support for extrajudicial killings to the Syndicate. 

This Court previously entered default judgment for certain “bellwether” plaintiffs, adopted an 

administrative plan to govern further proceedings, and appointed special masters to make 

recommendations as to the remaining plaintiffs. The present opinion concerns plaintiffs’ motion 

AUGUST CABRERA et al.,

Plaintiffs,

v.

ISLAMIC REPUBLIC OF IRAN,

Defendant.

MARK ZAMBON et al.,

Plaintiffs,

v.

ISLAMIC REPUBLIC OF IRAN,

Defendant.
2 

for default judgment as to the plaintiffs in “Tranche 1.” See Afghanistan-Based Pls.’ Mot. For 

Default J. for Tranche 1 Pls. [ECF No. 231] (“Mot.”). On May 31, 2024, the Court entered an 

order granting default judgment to 653 of these “Tranche 1” plaintiffs and indicated that an opinion 

would be forthcoming. Order [ECF No. 264] (“Tranche 1 Order”). The Court now elaborates on 

its reasoning as to the claims of those plaintiffs. 

I. Background 

On July 19, 2022, the Court issued a Memorandum Opinion setting out a framework for 

analyzing the attacks at issue in Cabrera and Zambon, as well as plaintiffs’ related claims. See

Cabrera v. Islamic Republic of Iran (“Cabrera I”), Civ. A. No. 19-3835 (JDB), 2022 WL 2817730

(D.D.C. July 19, 2022). In laying out this framework, the Court analyzed the claims of twentythree plaintiffs relating to eleven attacks (“bellwether plaintiffs” and “bellwether attacks”). Id. at 

*1. The Court determined that “the Syndicate committed all eleven attacks,” “Iran’s material 

support substantially contributed to the Syndicate’s ability to do so,” and Iran’s support was the 

proximate cause of the deaths and injuries that formed the basis for the bellwether plaintiffs’ 

claims. Id. at *15; see id. at *41 (“[P]laintiffs’ injuries were not only foreseeable: they were the 

intended result of Iran’s support.”). 

The Court then determined that each bellwether plaintiff was entitled to recover under the 

FSIA’s “private right of action against state sponsors of terrorism for plaintiffs who are United 

States nationals, members of the armed forces, government employees or contractors, or legal 

representatives of those people,” which authorizes suits “‘for personal injury or death caused by’ 

acts including extrajudicial killing and hostage taking.” Id. at *41–42 (quoting 28 U.S.C. 

§ 1605A(c)). Immediate family members of victims—and functional equivalents of immediate 

family members—were entitled to recover “solatium awards,” which offer compensation for “the 
3 

mental anguish, bereavement, and grief that those with a close personal relationship to a decedent 

experience as the result of the decedent’s death, as well as the harm caused by the loss of the

decedent’s society and comfort.” Id. (cleaned up). On May 16, 2023, the Court held that additional 

plaintiffs associated with the bellwether attacks were entitled to recover solatium awards and 

awarded damages and prejudgment interest to each plaintiff associated with the bellwether attacks. 

See Cabrera v. Islamic Republic of Iran (“Cabrera II”), Civ. A. No. 19-3835 (JDB), 2023 WL 

3496303, at *4–12 (D.D.C. May 16, 2023). 

The Court also entered a separate Order adopting an administrative plan to “govern further 

proceedings as to the damages awards for the plaintiffs associated with Tranche 1 in this litigation.” 

Order Adopting Admin. Plan Concerning Special Masters [ECF No. 128] (“Admin. Plan”) at 1. 

The Court instructed the special masters to assess each family-member plaintiff’s standing under 

28 U.S.C. § 1605A(c), which, as relevant here, requires each plaintiff to (1) be a U.S. national, and 

(2) “prove that they are an immediate family member, or the functional equivalent, of an individual 

killed or physically injured.” Admin Plan at 2–3. Then, the special masters would recommend 

findings of fact on “the scope of each plaintiff’s compensatory damages . . . guided by the 

provisions of 28 U.S.C. § 1605A, this Court’s [July 19, 2022] Memorandum Opinion, and any 

further orders that this Court may enter.” Id. at 3 (cleaned up). 

The Court appointed David L. Broom, Christopher A. Byrne, Professor Eric D. Green, Paul 

G. Griffin, Shelby R. Grubbs, Lester J. Levy, Dr. Susan Meek, Brad Pigott, Professor Stephen 

Allan Saltzburg, and Professor C. Jackson Williams as special masters (the “Tranche 1 special 

masters”). Order Appointing Special Masters [ECF No. 129]. The special masters submitted their 

reports on August 1, 2023. See Mot., Exs. 1–10. On February 29, 2024, the Court issued an 

opinion awarding damages to 125 of the Tranche 1 plaintiffs included in Special Master Broom’s 
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report. Cabrera v. Islamic Republic of Iran (“Cabrera III”), Civ. A. No. 19-3835 (JDB), 2024 WL 

864092 (D.D.C. Feb. 29, 2024). On May 31, 2024, the Court awarded judgment to 653 plaintiffs 

assigned to the Tranche 1 special masters. See Tranche 1 Order. The Court now addresses those 

judgments, which will resolve the claims of all but sixteen Tranche 1 plaintiffs.1

II. Subject-Matter Jurisdiction and Liability2

This Court previously found that (1) a terrorist Syndicate operated in Afghanistan during 

the relevant time period of 2006–2017; (2) Iran provided material support for that Syndicate; and 

(3) the Syndicate was responsible for each of the bellwether attacks in this case. Cabrera I, 2022 

WL 2817730, at *6–27. The Court further found that the Syndicate was responsible for the thirtythree attacks associated with Special Master Broom’s report. Cabrera III, 2024 WL 864092, at 

*2–3. The Court now finds that the Syndicate was likewise responsible for the attacks associated 

with the plaintiffs listed in the Tranche 1 Order. 

From at least 2006 to 2019, multiple terrorist groups—including the Taliban, the Haqqani 

Network, the Kabul Attack Network, and al-Qaeda—made up a terrorist “Syndicate” in 

Afghanistan. The Syndicate shared close strategic, tactical, and operational coordination, as well 

as a common goal: re-establishing the Islamic Emirate by driving the United States and its allies 

out of Afghanistan through the killing and wounding of American troops. Cabrera I, 2022 WL 

1 The Court requested and received further briefing regarding nineteen plaintiffs, see Order [ECF No. 262] 

and Response to Court’s Order [ECF No. 268] (“Supp. Dec.”). The Court agrees with plaintiffs’ requests of $5 million 

to Brian Harper, $2.5 million to Holly Harper, $2.5 million to Joseph Hulsey Jr., $5 million to Lisa Rowe Hicks, $3.5 

million to Steven Walls Sr., and $4 million to George McClintock III, and will award those amounts in its 

accompanying Order. For reasons the Court will discuss, see infra subsection V.C.2., the Court will award Angela 

Harper $4 million. The Court is in the process of reviewing the claims of the remaining twelve plaintiffs. Additionally, 

the Court is still considering whether to grant solatium damages to plaintiffs A.P., L.R.G., Stephanie Hayhurst, and 

Georgia Priest.

2 Under the FSIA, a court has personal jurisdiction over a defendant where the court has subject matter 

jurisdiction and the defendant has been served. GSS Grp., Ltd. v. Nat’l Port Auth., 680 F.3d 805, 811 (D.C. Cir. 2012) 

(citing 28 U.S.C. § 1330(b)). Plaintiffs successfully served Iran through the diplomatic process. Cabrera I, 2022 WL 

2817730, at *33. Accordingly, so long as the Court has subject-matter jurisdiction over plaintiffs’ claims, it also has 

personal jurisdiction over Iran.
5 

2817730, at *6. Iran—a designated state sponsor of terrorism—provided material support to the 

Syndicate in the form of weapons, training, financial support, and safe haven. Id. at *9–12. The 

Syndicate was responsible for each of the following attacks associated with the plaintiffs listed in 

the Tranche 1 Order. 

1. July 5, 2007 IED Attack, Paktika Province 

2. July 23, 2007 IED Attack, Paktika Province 

3. August 28, 2007 Suicide Attack, Paktia Province 

4. November 12, 2007 IED Attack, Paktika Province

5. December 12, 2007 IED Attack, Paktika Province 

6. January 2, 2008 Complex Attack, Khost Province 

7. May 9, 2008 Complex Attack, Paktia Province 

8. May 28, 2008 IED Attack, Khost Province 

9. June 3, 2008 IED Attack, Khost Province 

10. June 18, 2008 RPG Attack, Paktika Province 

11. September 17, 2008 IED Attack, Paktia Province 

12. February 10, 2009 Suicide Attack, Khost Province 

13. March 8, 2009 IED Attack, Paktia Province 

14. June 2, 2009 IED Attack, Paktia Province 

15. June 20, 2009 Complex Attack, Khost Province 

16. September 4, 2009 Complex Attack, Paktika Province 

17. September 30, 2009 Suicide Attack, Khost Province 

18. November 4, 2009 Complex Attack, Paktika Province 

19. July 10, 2010 IED Attack, Paktika Province 

20. December 2, 2010 IED Attack, Khost Province 

21. December 5, 2010 Suicide Attack, Paktia Province 

22. March 19, 2011 Complex Attack, Khost Province 

23. July 10, 2011 Complex Attack, Paktika Province 

24. July 29, 2011 IED Attack, Paktia Province 

25. October 14, 2011 IED Attack, Khost Province 

26. April 3, 2012 IED Attack, Khost Province 

27. May 6, 2012 IED Attack, Paktia Province 

28. June 1, 2012 Complex Attack, Khost Province 

29. August 1, 2012 Complex Attack, Paktika Province 

30. August 7, 2012 Insider Attack, Paktia Province 

31. October 1, 2012 Suicide Attack, Khost Province 

32. November 3, 2012 IED Attack, Paktia Province 

33. November 16, 2012 IED Attack, Paktika Province 

34. June 23, 2013 IED Attack, Paktika Province 

35. September 21, 2013 Insider Attack, Paktia Province 

36. September 26, 2013 Insider Attack, Paktia Province 

37. April 12, 2007 IED Attack, Ghazni Province 

38. May 20, 2008 IED Attack, Ghazni Province 
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39. October 16, 2009 IED Attack, Ghazni Province

40. November 5, 2009 IED Attack, Ghazni Province

41. February 27, 2011 IED Attack, Ghazni Province

42. September 1, 2012 Fire Attack, Ghazni Province

43. July 30, 2013 Fire Attack, Logar Province

44. August 12, 2013 IED Attack, Logar Province

45. July 7, 2009 IED Attack, Herat Province

46. February 5, 2010 IED Attack, Badghis Province

47. September 18, 2010 Small Arms Attack, Faryab Province

48. April 24, 2011 IED Attack, Badghis Province

49. June 14, 2011 IED Attack, Farah Province

50. April 4, 2012 Suicide Attack, Faryab Province

51. October 7, 2009 IED Attack, Helmand Province

52. October 9, 2009 IED Attack, Helmand Province

53. October 20, 2009 IED Attack, Helmand Province

54. November 13, 2009 IED Attack, Helmand Province

55. December 1, 2009 IED Attack, Helmand Province

56. February 1, 2010 IED Attack, Helmand Province

57. March 1, 2010 IED Attack, Helmand Province

58. March 24, 2010 IED Attack, Helmand Province

59. May 22, 2010 IED Attack, Helmand Province

60. May 27, 2010 IED Attack, Helmand Province

61. August 29, 2010 IED Attack, Helmand Province

62. December 1, 2010 IED Attack, Helmand Province

63. August 10, 2011 IED Attack, Helmand Province

64. June 4, 2009 Complex Attack, Kapisa Province

65. December 9, 2007 IED Attack, Helmand Province

66. January 9, 2008 IED Attack, Helmand Province

67. September 29, 2008 IED Attack, Helmand Province

68. February 8, 2009 IED Attack, Helmand Province

69. June 8, 2010 IED Attack, Helmand Province

70. June 10, 2010 IED Attack, Helmand Province

71. July 19, 2010 IED Attack, Helmand Province

72. July 27, 2010 IED Attack, Helmand Province

73. August 21, 2010 IED Attack, Helmand Province

74. October 15, 2010 IED Attack, Helmand Province 

75. October 19, 2010 IED Attack, Helmand Province

76. October 23, 2010 IED Attack, Helmand Province

77. December 14, 2010 IED Attack, Helmand Province

78. January 29, 2011 IED Attack, Helmand Province

79. February 5, 2011 IED Attack, Helmand Province

80. February 17, 2011 IED Attack, Helmand Province

81. April 7, 2011 IED Attack, Helmand Province

82. April 28, 2011 IED Attack, Helmand Province

83. June 6, 2011 IED Attack, Helmand Province

84. June 12, 2011 IED Attack, Helmand Province
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85. August 25, 2011 IED Attack, Helmand Province

86. October 27, 2011 IED Attack, Helmand Province

87. March 27, 2012 IED Attack, Helmand Province

88. June 13, 2012 IED Attack, Helmand Province

89. July 19, 2012 IED Attack, Helmand Province

90. August 1, 2012 IED Attack, Helmand Province

91. February 22, 2013 IED Attack, Helmand Province

92. October 23, 2007 Small Fire Arms Attack, Kunar Province

93. January 7, 2008 IED Attack, Nangarhar Province

94. September 19, 2008 IED Attack, Kunar Province

95. January 17, 2009 Complex Attack, Kunar Province

96. July 24, 2009 Complex Attack, Nuristan Province

97. June 7, 2010 IED Attack, Kunar Province

98. June 25, 2010 Complex Attack, Kunar Province

99. July 10, 2010 Complex Attack, Kunar Province

100. August 17, 2010 IED Attack, Kunar Province

101. June 4, 2011 IED Attack, Laghman Province

102. September 25, 2011 IED Attack, Laghman Province

103. June 17, 2007 IED Attack, Kandahar Province

104. August 1, 2009 IED Attack, Kandahar Province

105. January 3, 2010 IED Attack, Kandahar Province

106. April 17, 2010 IED Attack, Kandahar Province

107. July 15, 2010 IED Attack, Kandahar Province

108. August 8, 2010 IED Attack, Kandahar Province

109. November 17, 2010 IED Attack, Kandahar Province

110. September 14, 2011 IED Attack, Kandahar Province

111. September 18, 2011 IED Attack, Kandahar Province

112. September 18, 2011 IED Attack, Kandahar Province

113. September 26, 2011 IED Attack, Kandahar Province

114. May 23, 2012 IED Attack, Kandahar Province

115. May 30, 2012 IED Attack, Kandahar Province

116. June 12, 2012 IED Attack, Kandahar Province

117. May 14, 2013 IED Attack, Kandahar Province

118. May 14, 2013 IED Attack, Kandahar Province

119. June 2, 2013 IED Attack, Nimroz Province

120. September 4, 2008 IED Attack, Kandahar Province

121. June 19, 2009 IED Attack, Kandahar Province

122. August 27, 2009 IED Attack, Kandahar Province

123. September 14, 2009 IED Attack, Kandahar Province

124. October 15, 2009 IED Attack, Kandahar Province

125. October 17, 2009 IED Attack, Kandahar Province

126. March 30, 2010 IED Attack, Kandahar Province

127. June 7, 2010 IED Attack, Kandahar Province

128. August 30, 2010 IED Attack, Kandahar Province

129. September 9, 2010 IED Attack, Kandahar Province

130. September 16, 2010 IED Attack, Kandahar Province
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131. September 16, 2010 IED Attack, Kandahar Province

132. October 4, 2010 IED Attack, Kandahar Province

133. October 12, 2010 IED Attack, Kandahar Province

134. February 20, 2011 IED Attack, Kandahar Provinces

135. May 26, 2011 IED Attack, Kandahar Province

136. July 16, 2011 IED Attack, Kandahar Province

137. October 21, 2011 IED Attack, Kandahar Province

138. May 4, 2013 IED Attack, Kandahar Province

139. October 5, 2013 IED Attack, Kandahar Province

140. 1/18/2009 Suicide Attack, Kabul Province

141. 5/20/2009 IED Attack, Kabul Province

142. 4/27/2011 Insider Attack, Kabul Province

143. December 15, 2012 IED Attack, Kabul Province

144. February 10, 2014 Suicide Attack, Kabul Province

145. November 24, 2014 IED Attack, Kabul Province

146. January 29, 2015 Insider Attack, Kabul Province

147. August 22, 2015 Suicide Attack, Kabul Province

148. April 18, 2007 Small Arms Attack, Kabul Province

149. May 30, 2007 Anti-Aircraft Attack, Helmand Province

150. June 21, 2008 Complex Attack, Kandahar Province

151. July 2, 2009 Small Arms Attack, Helmand Province

152. August 18, 2009 Complex Attack, Kandahar Province

153. October 16, 2009 Complex Attack, Kandahar Province

154. October 27, 2009 Complex Attack, Kandahar Province

155. February 13, 2010 Suicide Attack, Kandahar Province

156. February 21, 2010 Small Arms Attack, Helmand Province

157. June 9, 2010 RPG Attack, Helmand Province

158. June 18, 2010 Complex Attack, Helmand Province

159. July 13, 2010 Complex Attack, Kandahar Province

160. July 30, 2010 Complex Attack, Kandahar Province

161. August 11, 2010 Small Arms Attack, Kandahar Province

162. August 28, 2010 Complex Attack, Kandahar Province

163. September 6, 2010 Indirect Fire Attack, Kandahar Province

164. September 17, 2010 RPG Attack, Kandahar Province

165. April 28, 2011 Complex Attack, Kandahar Province

166. May 12, 2011 Insider Attack, Helmand Province

167. June 15, 2011 Complex Attack, Kandahar Province

168. July 15, 2011 RPG Attack, Helmand Province

169. July 17, 2011 Complex Attack, Kandahar Province

170. August 25, 2011 IED Attack, Kandahar Province

171. August 28, 2011 Complex Attack, Kandahar Province

172. October 10, 2011 Indirect Fire Attack, Kandahar Province

173. October 13, 2011 Small Arms Attack, Helmand Province

174. November 30, 2011 Complex Attack, Helmand Province

175. March 9, 2012 Complex Attack, Helmand Province

176. June 22, 2012 Small Arms Attack, Helmand Province
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177. August 16, 2012 Anti-Aircraft Attack, Kandahar Province 

178. September 15, 2012 Complex Attack, Helmand Province 

179. October 13, 2012 Insider Attack, Kandahar Province 

180. February 15, 2014 Complex Attack, Helmand Province

181. January 5, 2016 Complex Attack, Helmand Province 

182. July 3, 2017 Indirect Fire Attack, Helmand Province 

183. July 29, 2019 Insider Attack, Kandahar Province 

184. May 31, 2008 IED Attack, Nangarhar Province 

185. August 1, 2008 IED Attack, Kunar Province 

186. October 14, 2008 IED Attack, Kunar Province 

187. November 13, 2008 Suicide Attack, Nangarhar Province 

188. October 25, 2009 IED Attack, Laghman Province 

189. February 3, 2012 Insider Attack, Nangarhar Province 

190. May 18, 2012 Indirect Fire Attack, Kunar Province 

191. May 9, 2008 Complex Attack, Kapisa Province 

192. October 27, 2008 Suicide Attack, Baghlan Province 

193. June 21, 2009 Indirect Fire Attack, Parwan Province 

194. July 6, 2009 IED Attack, Kunduz Province 

195. August 7, 2009 IED Attack, Kapisa Province 

196. June 12, 2010 IED Attack, Kunduz Province 

197. June 16, 2010 IED Attack, Kunduz Province 

198. July 2, 2010 IED Attack, Parwan Province 

199. December 12, 2014 IED Attack, Parwan Province 

200. November 12, 2016 Suicide Attack, Parwan Province 

201. May 17, 2010 IED Attack, Badghis Province 

The Court has already held that the Syndicate “likely” or “very likely” maintained 

operational dominance in each of these provinces during the time of these attacks, see Cabrera I, 

2022 WL 2817730, at *6–27, and Cabrera III, 2024 WL 864092, at *2–3. Based on these findings, 

as well as the special masters’ factual findings as to each of the above-listed attacks, the Court

concluded that Iran is liable for these 201 attacks associated with the Tranche 1 Order plaintiffs. 

III. Standing

To satisfy the standing requirements of the FSIA’s private right of action, each plaintiff 

must be a U.S. national, a member of the armed forces, an employee of the U.S. government, or 

“an individual performing a contract awarded by the United States Government, acting within the 

scope of the employee’s employment.” 28 U.S.C. § 1605A(c). In addition to conferring standing 
10 

to direct victims, the FSIA also “encompass[es] claims by family members of those injured or 

killed for the distress caused by their relative’s injuries.” Force v. Islamic Republic of Iran, 464 

F. Supp. 3d 323, 359 (D.D.C. 2020). The special masters determined that each plaintiff listed in 

the Tranche 1 Order is a U.S. citizen and that each plaintiff was either a service member or U.S. 

contractor wounded in an attack that resulted in an extrajudicial killing, or else an immediate 

family member (or the functional equivalent) of a victim of one of the above-listed attacks. The 

Court adopted the special maters’ standing determinations for each plaintiff listed in the Tranche 

1 Order but will further expand on one plaintiff, in light of the D.C. Circuit’s recent opinion in

Borochov v. Islamic Republic of Iran, 94 F.4th 1053 (D.C. Cir. 2024). 

In Borochov, the D.C. Circuit held that 28 U.S.C. § 1605A only confers jurisdiction over 

a claim if the relevant attack resulted in a completed extrajudicial killing. Id. at 1060. 

Accordingly, a plaintiff injured in one of the Syndicate’s attacks only has standing to sue if the 

Syndicate succeeded in committing an extrajudicial killing during the relevant attack, not if the 

Syndicate merely attempted, but failed, to commit such a killing. As relevant here, an

“extrajudicial killing” means “a deliberated killing not authorized by a previous judgment 

pronounced by a regularly constituted court affording all the judicial guarantees which are 

recognized as indispensable by civilized peoples.” Han Kim v. Democratic People’s Republic of 

Korea, 774 F.3d 1044, 1045–46 (D.C. Cir. 2014). 

The Court therefore considered whether SPC Daus Hempker, the lone U.S. serviceman 

wounded in a September 16, 2010 attack, has standing under Borochov to bring his claim for pain 

and suffering. The Court determined that he has standing. Although plaintiffs have not provided 

any evidence that a U.S. service member was killed in the attack that injured SPC Hempker, 

plaintiffs have provided evidence that two Afghani soldiers—members of the Coalition Force—
11 

were killed in the attack. Rep. & Recs. by Special Master Brad Pigott [231-8] (“Pigott Rep.”) at 

*89. The Court is satisfied that the killings of any Coalition Force members were “not authorized 

by a previous judgment pronounced by a regularly constituted court.” Han Kim, 774 F.3d at 1045–

46. And this Court previously found that “Iran intended for its material support for the Syndicate 

to enable lethal attacks on American and Coalition forces, and it provided that support to further 

its own long-term geopolitical goals.” Cabrera I, 2022 WL 2817730, at *41. Because the 

Syndicate intended to kill Coalition Force members, whether or not the member was American, 

the September 16, 2010 attack did not “fail[] to kill any of its intended victims,” Borochov, 94 

F.4th at 1056, but rather successfully resulted in an extrajudicial killing. SPC Hempker’s injuries 

were thus “caused by an act of extrajudicial killing,” id. at 1060–61 (cleaned up), so he has standing 

to bring his claim.

IV. Pain and Suffering Damages 

To determine pain-and-suffering awards, courts consider 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.” O’Brien v. Islamic 

Republic of Iran, 853 F. Supp. 2d 44, 46 (D.D.C. 2012) (cleaned up). It is difficult to quantify the 

pain and suffering of survivors of terrorist attacks; a court’s “primary consideration is to ensure 

that ‘individuals with similar injuries receive similar awards.’” Moradi v. Islamic Republic of Iran, 

77 F. Supp. 3d 57, 70 (D.D.C. 2015) (citation omitted); Peterson v. Islamic Republic of Iran

(“Peterson II”), 515 F. Supp. 2d 25, 54 (D.D.C. 2007) (“[T]he Court must take pains to ensure that 

individuals with similar injuries receive similar awards.”). In light of the need for uniformity, this 

Court—along with other judges in this District—has endorsed the Peterson II framework as a

“general framework for assessing pain and suffering damages for direct victims of terrorist 
12 

attacks.” Cabrera I, 2022 WL 2817730, at *47 (quoting Sheikh v. Republic of Sudan, 485 F. Supp. 

3d 255, 268 (D.D.C. 2020)). 

Under this framework, courts award a baseline of $5 million to “individuals who suffer 

severe physical injuries, such as compound fractures, serious flesh wounds, and scars from 

shrapnel, as well as lasting and severe psychological pain,” varying upward to $7–$12 million

“[w]here physical and psychological pain is more severe . . . such as where victims suffered 

relatively more numerous and severe injuries, were rendered quadriplegic, partially lost vision and 

hearing, or were mistaken for dead,” and varying downward to $1.5–$3 million “where the victim 

suffers severe emotional injury accompanied by relatively minor physical injuries.” Wamai v. 

Republic of Sudan, 60 F. Supp. 3d 84, 91 (D.D.C. 2014). 

The special masters considered the evidence presented by direct-victim plaintiffs and 

recommended damages awards. Most of the recommendations are in line with the Peterson II

baselines but some reflect modest variances. The Court adopted the recommendations of the 

special masters as to the Tranche 1 Order plaintiffs except as outlined below. 

• Special Master Saltzburg recommended awarding $5 million to SPC Jesse Watson, 

who suffers from “severe combat-related PTSD,” traumatic brain injury (“TBI”), 

head pain, and neuropathy due to nerve damage. Special Master’s Rep. & Recs. 

Regarding 187 Pls. [ECF No. 231-9] (“Saltzburg Rep.”) at *46–47. Because SPC 

Watson’s injuries are primarily emotional and mental, rather than physical, the 

Court awarded him $3 million in line with the plaintiffs in Peterson who suffered 

relatively minor physical injuries but had lasting and severe psychological injuries. 

Peterson II, 515 F. Supp. 2d at 55; see also Wamai, 60 F. Supp. 3d at 92 (awarding 

$3 million to plaintiff who suffers “severe hearing loss in both ears” and has “severe 
13 

emotional damage”); id. (awarding $2 million to plaintiff who “escaped with only 

lacerations” but “suffer[s] from severe emotional damage”). 

• Special Master Saltzburg recommended awarding $9 million to CPL Raul Olivares 

Jr, who suffered facial laceration, compound fractures to both his left and right 

fibula and tibia bones, and a calcaneus fracture to his right ankle. Saltzburg Rep. 

at *144–46. CPL Olivares spent close to two years rehabbing at the Wounded 

Warriors Battalion. Id. at *145. The Court awarded him $7.5 million, in line with 

the award given to similar Peterson II plaintiffs. See 515 F. Supp. 2d at 54–56 

(awarding $7.5 million to plaintiffs who, in addition to suffering “lasting and severe 

psychological problems,” also suffered “a broken femur, hand and pelvis bone, and 

. . . a left foot [that] was turned completely backwards,” or “loss of sight in one eye, 

a perforated right eardrum resulting in some hearing loss, and a shrapnel injury to 

the back of his right thigh,” or “a subdural hematoma, a perforated right eardrum, 

crushed left ankle, collapsed left lung, and other shrapnel wounds that became 

infected”).

• Special Master Byrne recommended awarding $9 million to CPL Jonathan Cleary, 

who was in a coma for two months, underwent the amputation of one leg, and 

suffers from PTSD and TBI. Special Master Christopher A. Byrne’s Rep. & Recs. 

[ECF No. 231-2] (“Byrne Rep.”) at *231–34. Special Master Byrne reached this 

recommendation by comparing CPL Cleary’s injuries to the injuries of two 

servicemembers included in the Court’s bellwether opinion, CPT Timoney and 

SGT Lemon. Id. But the Court finds that CPL Cleary’s injuries are more similar

to, though slightly more severe than, the plaintiffs in Estate of Doe v. Islamic 
14 

Republic of Iran, 943 F. Supp. 2d 180 (D.D.C. 2013), and Wamai v. Republic of 

Sudan, 60 F. Supp. 3d 84, and so awarded him $8 million. See Doe, 943 F. Supp. 

2d at 187 (awarding $7 million to plaintiff who “underwent several surgeries in the 

months after the bombing” and “had his leg amputated”); Wamai, 60 F. Supp. 3d 

at 93–94 (awarding $7.5 million to plaintiffs who spent weeks in a coma, suffer 

from brain trauma, and have permanent physical injuries).

• Special Master Byrne recommended awarding $9 million to SGT Brandon William 

Tilson Korona, who relies on his wife as a daily caregiver due to his mental and 

physical injuries, which includes the amputation of one of his legs. Byrne Rep. at 

*286–88. The Court awarded him $8.5 million due to his inability to function on 

his own. 

• Special Master Saltzburg recommended awarding $11 million to SSG Darius

Johnson, who was severely burned, lost his right arm, stayed in the hospital for over 

two months, and suffers from nerve pain, among other injuries. Saltzburg Rep. at 

*191–93. SSG Johnson also suffered for hours after the IED explosion while he 

waited for assistance. Id. at *191. The Court awarded him $8.5 million due to his 

ongoing injuries and surgeries, which prevent him from fully functioning in society.

• Special Master Grubbs recommended awarding $10.25 million to LCPL 

Christopher Van Etten, a double amputee who suffers physical and mental injuries 

but is still able to walk and continues to go camping. Tranche 1 Special Master’s 

Rep. & Rec. [ECF No. 231-5] (“Grubbs Rep.”) at *203–07. The Court has 

generally awarded plaintiffs who suffered double leg amputations, without 
15 

additional complicating factors, $10 million. The Court thus awarded $10 million

to LCPL Van Etten. 

• Special Master Levy recommended awarding $9 million to SGT Ryan J. Newell, 

who suffered a broken back and a double leg amputation. Rep. & Rec. Concerning 

Liability and Damages for Pls. Assigned to Special Master Lester J. Levy [ECF No. 

231-6] (“Levy Rep.”) at *19–20. The Court awarded SGT Newell $10 million in 

line with other plaintiffs who suffered double leg amputations in this case. 

• Special Master Grubbs recommended $10.75 million to SGT Bradley Ivanchan. 

Grubbs Rep. at *198–201. The Court awarded him $10.5 million, in line with the 

award the Court adopted for another servicemember in this case, LCPL James 

Boucher Jr., who—like SGT Bradley Ivanchan—lost both of his legs above the 

knee and suffered more serious injuries than did other double amputee plaintiffs in 

this case. See id. at *157–58, *162–63. 

• The Court provided the same $10.5 million award to SGT Adam Hartswick, as 

opposed to Special Master Meek’s recommended $12 million award, in line with 

other double amputees who also suffered further severe injuries. See Mem. Op. 

[231-7] (“Meek Rep.”) at *113–15. 

• The Court further awarded $10.5 million—rather than the recommended award of 

$11 million—to LCPL Christopher Billmyer, who underwent amputations on both 

legs, must use a wheelchair for the rest of his life, and suffers nerve damage in 

addition to other ailments. Grubbs Rep. at *112, *114–16. 

• Special Master Meek recommended awarding $13 million to PFC Kevin Trimble, 

who was induced into a coma for a few days while doctors attempted to manage his 
16 

blood loss and remove shrapnel and whose injuries include a double amputation 

above the knee and the loss of his left arm above the elbow. Meek Rep. at *85–87. 

The Court awarded him $12 million in line with the award the Peterson court 

granted to a plaintiff whose injuries resulted in permanent quadriplegia. See

Peterson II, 515 F. Supp. 2d at 55. 

• Finally, the Court addresses the Estate of SPC Jonathan O’Neil. SPC O’Neil 

survived for approximately 13 days after the attack, although the record cannot 

confirm his exact level of consciousness during that time. See Byrne Rep. at *103–

115. Special Master Byrne recommended awarding $10 million to SPC O’Neill; 

the Court awarded him $7.5 million in line with servicemen in Peterson II who died 

nearly 8 days after the attack.

V. Solatium Damages 

Section 1605A of the FSIA authorizes family-member plaintiffs to seek solatium damages. 

28 U.S.C. § 1605A(c).3 Solatium claims are “functionally identical to claims for intentional 

infliction of emotional distress,” and are “intended to compensate persons for mental anguish, 

bereavement and grief that those with a close personal relationship to a decedent experience . . . as 

well as the harm caused by the loss of the decedent’s society and comfort.” Spencer v. Islamic 

Republic of Iran, 71 F. Supp. 3d 23, 27 (D.D.C. 2014) (internal quotation marks omitted). In 

granting these damages, the Court’s “primary consideration is to ensure that ‘individuals with 

similar injuries receive similar awards.’” Cabrera I, 2022 WL 2817730, at *43 (quoting Moradi 

v. Islamic Republic of Iran, 77 F. Supp. 3d 57, 70 (D.D.C. 2015)). 

3 Section 1605 further authorizes economic damages, damages for pain and suffering, and punitive damages. 

§ 1605A(c). The Court previously concluded that “awarding substantial punitive damages” is appropriate but will 

defer ruling on punitive damages until the compensatory damage awards of all plaintiffs in this case have been 

determined. Cabrera I, 2022 WL 2817730, at *56–57.
17 

Because solatium damages “are by their very nature unquantifiable,” Moradi, 77 F. Supp. 

3d at 72, this Court has looked to prior decisions for guidance and endorsed the Peterson II

framework, Cabrera I, 2022 WL 2817730, at *47. Under the Peterson II framework, spouses of 

deceased victims receive $8 million, parents and children of deceased victims receive $5 million, 

and siblings of deceased victims receive $2.5 million. Peterson II, 515 F. Supp. 2d at 52. These 

awards are reduced by half when the plaintiff is a family-member of a surviving victim. Id. This 

Court has previously awarded qualifying plaintiffs the Peterson II baselines, granting upward and 

downward variances to certain plaintiffs based on individualized circumstances. See, e.g., Cabrera 

II, 2023 WL 3496303, at *9 (granting an upward adjustment where plaintiff experienced 

“particularly brutal suffering”); id. at *10 (varying downward for awards to older family members, 

whose amount of time suffering “is comparatively less than the suffering of other family-member 

victims”).

The special masters considered the evidence presented by family-member plaintiffs and 

recommended damages awards. Most of the recommendations are in line with the Peterson II

baselines but some reflect modest variances. The Court adopted the recommendations of the 

special masters as to the Tranche 1 Order plaintiffs except as outlined below. 

A. Upward Variances for Exceptionally Severe Harm 

Because the Peterson II baseline awards “take into consideration the likelihood of serious 

detrimental effects from these events on families,” Pennington v. Islamic Republic of Iran, Civ. A. 

No. 19-796 (JEB), 2022 WL 168261, at *3 (D.D.C. Jan. 19, 2022), vacated in part, 2022 WL 

18814284 (D.D.C. May 3, 2022), courts normally award upward departures only for “an unusual 

circumstance beyond the ordinary anguish that results from losing a family member,” Selig v. 

Islamic Republic of Iran, 573 F. Supp. 3d 40, 66 (D.D.C. 2021). The Court now briefly describes
18 

plaintiffs who experienced unusual circumstances warranting upward departures from the Peterson 

II baselines.

4

The Court first addresses family members who suffered greater than usual harm in the form 

of suicide attempts and/or hospitalizations for such attempts. As it did in its earlier opinions in 

this case, the Court found that such circumstances warrant a 10% enhancement. See Cabrera III, 

2024 WL 864092, at *5. Accordingly, although the special masters recommended awarding 20% 

enhancements to these plaintiffs, the Court awarded 10% enhancements to Joseph Michael Duarte, 

see Grubbs Rep. at *221–22; Natasha Snyder, see Levy Rep. at *293;5 Lauren Ashley Culbreth, 

see Meek Rep. at *311; Patricia Elsner, see id. at *168; Dennis W. Peters, see Pigott Rep. at *56; 

Joshua Michael Prescott, see id. at *65; Andrew Brown, see id. at *96; A.T.P., see Rep. of Special 

Master C. Jackson Williams [ECF No. 231-10] (“Williams Rep.”) at *337; and April Lyn 

Anderson, see id. at *383.6

The Court also provided a 10% enhancement to A.J.Q., who developed borderline 

personality disorder, reactive attachment disorder, and PTSD due to the death of her father SPC 

Ryan Grady. See Williams Rep. at *299–300. A 10% enhancement—rather than the 20% 

enhancement the Court awarded to R.C.—is proper here: unlike R.C., A.J.Q. has not attempted 

suicide, nor does the record indicate that she dropped out of school as a result of her grief. See

4 The Court agrees with Special Master Byrne that Lisa Murowski-Dupont is entitled to a 20% enhancement, 

but then mistakenly awarded Ms. Murowski-Dupont a prejudgment award of $6 million rather $9.6 million. The 

Court amends that award in its accompanying Order.

5 The Court determined that a further enhancement to $3.15 million is not warranted because Ms. Snyder’s

“ability to live a normal childhood and pursue a traditional education” was not as disrupted as were the lives of other 

minor children who received larger awards. See, e.g., Cabrera I, 2022 WL 2817730, at *50 (“Like the plaintiffs who 

received upward enhancements in Selig and Thuneibat, R.C. has been unable to attend traditional schools and has 

struggled with suicidal thoughts and attempts.”).

6 The Court would have also provided the same enhancement to Bobby Gene Anderson, who was hospitalized 

for suicide ideations after the death of his son, PFC Billy Anderson. Williams Rep. at *383. The Court ultimately 

decided to award Mr. Anderson the $5 million Peterson II baseline award because the record does not establish whether 

Mr. Anderson had custody of his son. See infra subsection IV.C.2.
19 

Cabrera I, 2022 WL 2817730, at *50. And a 10% enhancement is proper for Athena Ann Gordon, 

the twin sister of SFC Christopher Henderson, Meek Rep. at *37–38. Various studies demonstrate 

a special bond between twins, and a 10% enhancement here aligns with previous awards in this 

case. Cabrera III, 2024 WL 864092, at *5 (awarding 10% enhancements to two twins). Finally, 

the Court concluded that Stephanie Fisher’s unique circumstances warrant a 10% enhancement: 

after the death of her son, SSG Thomas Kent Fogarty, Ms. Fisher began to raise his two young 

sons—aged five and three at the time of his death—on her own. Byrne Rep. at *239–40. 

B. Older Family Members

With regards to the Tranche 1 Broom plaintiffs, the Court issued downward variances to 

older family-member plaintiffs whose amount of time suffering with the loss of their loved one

was “comparatively less than the suffering of other family-member victims.” Cabrera III, 2024 

WL 864092, at *5 (citing Cabrera I, 2022 WL 2817730, at *51, and Cabrera II, 2023 WL 3496303, 

at *10). To maintain consistency among the awards of similarly situated individuals, the Court 

imposed a 20% reduction for parent-plaintiffs who were at least sixty-five years old at the time of 

the relevant attack and to estates of plaintiffs who suffered for shorter periods of time. Those 

plaintiffs include Evelyn Taylor (age 69), John Ewy (age 65), William Nevins (age 66), Gabriel 

Negron (age 65), Marta Torres (age 65), Clifford E. Ausborn (age 75), Janice Proctor (age 78), 

Harriet Sutton (age 69), John Wayne Goldsmith (age 68),

7 Joe Torian (age 66), Jimmy Smith (age 

74), Elma Garza Palomarez (age 68), Charlotte Ann Reeves (age 77), and the Estate of Tomoe 

Dunning (who died within ten years of the attack). See Byrne Rep. at *730, *810, *1075; Levy 

Rep. at *197, *201; Saltzburg Rep. at *363, *673, *703, *1221, *1542, *1550; Williams Rep. at 

7 Mr. Goldsmith’s pre-judgment award was listed in the Tranche 1 Order as $4.5 million, as was his wife 

Lorie Goldsmith’s award. The Court amends Mr. Goldsmith’s award to $4 million and Mrs. Goldsmith’s award to $5 

million in its accompanying Order. 
20 

*171, *1041; Grubbs Rep. at *184. The Court further reduced the award to 86-year-old Gertrude 

Provost by an extra 10%. See Williams Rep. at *337. Each of these awards maintains consistency 

with the awards given to similarly situated plaintiffs.

C. Individuals with Less Close Relationships to Direct Victims

The Court previously held that “when determining solatium damages, it is necessary to 

consider whether a family-member plaintiff’s relationship with a direct victim was further 

removed than traditionally expected.” Cabrera II, 2023 WL 3496303, at *10. Circumstances 

courts consider include whether the family-member plaintiff lived with the victim, see id. 

(“Children who were living with their parents are likely to feel the sting of loss more harshly than 

children who were not.” (cleaned up)), and the time they had to develop their relationship, see id. 

at *11 (“S.B. never got to meet him or develop a relationship with him.” (cleaned up)). 

1. Children of Direct Victims

The Court previously applied downward variances of 40% for children under the age of 1 

and 30% for children between the ages of 1–3, see Cabrera III 2024 WL 864092, at *7, and 

continued to apply those variances absent a showing that a particular plaintiff’s relationship with 

the victim-parent was either stronger or weaker than expected. The Court thus awarded $3 million 

to M.B. (11 months old), L.G.A. (8 months old), and A.R.S. (6 months old), and awarded $3.5 

million to C.F. (3 years old), T.D.C. (2 years old), A.L.S. (2 years old), A.M.S. (2 years old), C.S.S. 

(3 years old), Gabriel Brandon Landrum (2 years old), D.L.B. (3 years old), L.A.E.L.B (2 years 

old), S.L.L.B. (3 years old), B.C.D. (3 years old), and A.L.H. (2 years old). See Byrne Rep. at 

*156; Williams Rep. at *1072; Saltzburg Rep. at *495; Byrne Rep. at *933; Special Master Eric 

Green’s Rep. & Recs. [ECF No. 231-3] (“Green Rep.”) at *27, *52; Grubbs Rep. at *57; Pigott 

Rep. at *47; Saltzburg Rep. at *58, *86, *91, *1188. 
21 

Similarly, the Court awarded $3.5 million to Tristyn A. Vinson-Hosford, who was raised 

solely by his great-grandparents. Williams Rep. at *766–67. Mr. Vinson-Hosford last had any 

contact with his father, SPC Chester W. Hosford, when he was 2 years old. Id. The Court 

concluded that, for present purposes, Mr. Vinson-Hosford is similarly situated to a plaintiff who 

was 2 years old at the time of the victim-parent’s death.

The Court awarded $4 million to Alyssa Sheridan and Andrew Sheridan, who became 

GySgt Floyd Holley’s stepchildren only one year before his death, but lived with him for several 

years and demonstrated a close relationship with GySgt Holley. Rep. of Special Master Paul G. 

Griffin [ECF No. 231-4] (“Griffin Rep.”) at *53–54. Due to the limited time Mr. and Ms. Sheridan 

lived with GySgt Holley as his children, the Court considered departing further in line with 

plaintiffs who lost their parent prior to the age of three. But the Court concluded that a larger 

award was proper, given the close familial relationship they shared with GySgt Holley prior to 

becoming his stepchildren. 

The Court departed downward by only 20% for D.R.M., who was 3 years old when her 

stepfather Cpl Olivares was injured in an attack, due to the close relationship they currently share. 

See Saltzburg Rep. at *148. The Court awarded her $2 million. 

Finally, the Court declined to depart downward for children-plaintiffs who were at least 4 

years old at the time of their parent’s death and who demonstrated some close relationship and/or 

memories with their parent. These plaintiffs include K.F. (5 years old), Byrne Rep. at *937; Owen 

Southworth (6 years old), Grubbs Rep. at *233; and Logan Southworth (7 years old), id. 

2. Parents of Direct Victims

As in its previous opinions, the Court continued to vary downward for parent-plaintiffs 

who had a more attenuated parental relationship with the direct victim. See Cabrera III, 2024 WL 
22 

864092, at *8. These departures generally resulted in an award of $3.5 million to $4.5 million, 

depending on the described relationship and the parent’s custody arrangement. 

The Court awarded $4.5 million to plaintiffs who had custody of their child for most of the 

victim’s childhood and continued to have regular contact with the victim once they no longer lived 

together fulltime. These plaintiffs include Robert Watson, who lived with PFC Jason Watson until 

PFC Watson was 11 years old and then lived with him two weekends a month, Byrne Rep. at 

*563–64; Paul Elmer Jayne, who lived with SPC Ryan Paul Jayne until he was 9 years old and 

regularly saw him after that time, id. at *268; William Michael Burley, who lived with SPC 

Nicholas Burley until SPC Burley was 10 years old and then saw him every other weekend, Green

Rep. at 305–06; Angela Preston, who had primary custody of LCpl Charles Seth Sharp until LCpl 

Sharp turned 12 years old and then lived with him every other weekend and during the summers, 

Saltzburg Rep. at 834–35; Lowell Hanson Jr., who lived with his son LCpl Matthias Hanson on 

weekends and holidays until he gained full custody of LCpl Hanson when LCpl Hanson was 15 

years old, id. at *935; and Richard Dennis, who lived fulltime with CPL Preston Dennis until CPL 

Dennis was 8 years old and then had custody of his son every other weekend and on holidays, id. 

at *1130–31. 

The Court departed further downward and awarded $4 million to plaintiffs who stopped 

living with their child when the child was young but continued to maintain regular contact with 

their child. These plaintiffs include Clifford Taylor, who lived fulltime with SSgt Aaron Taylor 

until Aaron was 3 years old and thereafter had visitation every other weekend and for six weeks 

during the summer, Griffin Rep. at 23; Terry Lee Mittler who stopped living fulltime with SSG 

Shaun Mittler when SSG Mittler was 5 years old but continued to have custody every other 

weekend and on vacations, Levy Rep. at *169; Jose Alberto Morgado, who had custody of 2LT 
23 

Travis Morgado during holidays and summers and lived with him for 2 years after 2LT Morgado 

graduated college, Meek Rep. at *91; James Bell, who lived with SSgt Vincent Bell until SSgt 

Bell was 7 years old and regularly saw him after they stopped living together, Saltzburg Rep. at 

1385–86; Cedric F. Gordon, who only lived with SPC Brittany Gordon after she graduated college, 

but until then had custody of her every other weekend, on holidays, and during the summers, id. 

at *1505; and Glenn Chisholm, who lived with PFC Benjamin Chisholm during the summers, 

every other holiday, for a brief period in elementary school, and after high school, Levy Rep. at 

*45, *231–32.8

The Court departed even further downward when the record indicates that a plaintiff did 

not maintain regular contact with his or her child. See Cabrera III, 2024 WL 864092, at *8. The 

Court thus awarded $3.5 million to Duane Schultz, who stopped living with LCPL Nathaniel 

Schultz when LCPL Schultz was 4 years old, Grubbs Rep. at 443–44, and to Calvin D. Jamison, 

for whom the record is unclear as to how often he saw his son, SGT Ezra Dawson, Levy Rep. at 

89–90. 

The Court also granted between $2 million to $4.5 million to stepparents who—while 

acting as the “functional equivalent” of a parent—did not share as close a traditional child-parent 

relationship with the victim. For instance, the Court provided slight downward variances of 10% 

for stepparent plaintiffs who had full custody of their stepchild for a significant portion of the 

child’s life. Such plaintiffs include Kent Alan Skeens, who raised SPC Jayne starting when SPC 

Jayne was 9 years old, Byrne Rep. at *271–72, and Dan Olmstead, who became SPC Nicholas 

Burley’s stepfather when SPC Burley was 11 years old, Green Rep. at *321–22. The Court also 

awards $4.5 million to John Gregoire Sr, whose path as a stepparent is more complex than that of 

8 In making this determination, Court also considered that Mr. Chisolm and his wife appear to be raising PFC 

Chisholm’s minor child.
24 

Mr. Skeen or Mr. Olmstead, but nonetheless deserves a similar award. Mr. Gregoire started living 

with SPC Michael Nance when SPC Nance was 3 years old and officially became his stepfather 

when SPC Nance was 7 years old. Saltzburg Rep. at 1680–81. Mr. Gregoire and his wife divorced 

when SPC Nance was 14 years old, but he continued to live with SPC Nance on weekends. Id. at 

1681. The Court found that he is the functional equivalent of SPC Nance’s father and is entitled 

to the same amount as stepparents in similar situations.

In line with the Court’s earlier opinion, the Court awarded $3.5 million to stepparents who 

lived with the victim fulltime for a period of roughly 3 to 4 years. See Cabrera III, 2024 WL 

864092, at *7. Those plaintiffs include Brad Joseph Halliday, who lived with LCpl Carlos Aragon

when he was between 17 and 20 years old, Griffin Rep. at *172–73; Matthew Allen, who became 

SPC Corey Bertrand’s stepfather when SPC Bertrand was 15 years old, Williams Rep. at *482; 

and Cecilia Stiles, who lived fulltime with SGT Jonnie L. Stiles for approximately 4 years, 

beginning when he was 13 years old, id. at *517. The Court provided a slight increase from that 

amount to Cynthia Hanson, who began living fulltime with LCpl Hanson when he was 15 years 

old, but who also spent weekends and holidays with him as his stepmother for eight years prior, 

Saltzburg Rep. at 942–43. The Court thus awarded her $4 million.9

The Court departed further for stepparent plaintiffs whose relationships were even more 

attenuated. The Court therefore awarded $2.5 million to Karma Chisholm, who met PFC Chisolm 

when he was 2 years old and lived with him during the summers and every other holiday (in 

addition to a few longer periods interspersed), Levy Rep. at *252–53; $2.5 million to Gus Preston, 

who became LCpl Sharp’s stepfather when LCpl Sharp was 12 years old and lived with him every 

other weekend and during the summer, Saltzburg Rep. at *850–51; $2.5 million to David Humpf, 

9 For the same reasons, the Court will award $4 million to Angela Harper, who spent alternate weeks and 

holidays with LCpl Harper for approximately ten years prior to living with him fulltime. See Supp. Dec. at *2.
25 

who became SPC Brandon Steffey’s stepfather when SPC Steffey was 15 years old and lived with 

him every other weekend and for one week during the summer, Williams Rep. at *578–79; and $2 

million to Rebecca Baker, who became LCpl David Baker’s stepmother when he was seventeen 

years old, at which point she lived with him half the time, Griffin Rep. at *101–02. 

3. Siblings of Direct Victims

As half-siblings are presumed to recover the same amount as full-blood siblings, Peterson 

II, 515 F. Supp. 2d at 52, the Court granted $2.5 million to half-siblings who lived with the victim

or otherwise demonstrated a close sibling relationship. But the Court departed downward for halfsiblings who rarely, if ever, lived with the victim, but who still demonstrated some close sibling

relationship, and departed further downward for half-siblings who never lived with the victim nor 

indicated a close sibling relationship. Accordingly, the Court awarded $2.25 million to Anna 

Maria Banze and Connor Alexian Pladeck-Morgado, who lived with 2LT Morgado during the 

summers, Meek Rep. at *93–96; $2 million to Azyia Jayne, who never lived with SPC Jayne but 

credibly describes a relationship with him, Byrne Rep. at *280; $2 million to Emily Torian, who 

seemingly never lived with MSgt Aaron Torian due to their 13-year age gap but describes them as 

having “gr[own] up together for a period of time,” Saltzburg Rep. at *1557; $1.5 million to Z.R.S., 

who was only 3 months old when SPC Jayne was killed, Byrne Rep. at *281; and $1.5 million to 

Jeffrey Scott Kuykendall and Larry Kuykendall, who were already 21 and 24 years old when SPC 

Christopher Talbert was born and who never lived in the same state as him, Green Rep. at *368–

78. 

D. Peterson II Baselines

The Court now briefly describes plaintiffs for whom the special masters recommended 

upward enhancements, but for whom the Court decided to award the Peterson II baseline amounts. 
26 

Special Master Pigott recommended a 20% enhancement for Larry Dean Horns, who suffers from 

PTSD, suicidal thoughts, high blood pressure, and depression following the death of his son 

Christopher Horns, Pigott Rep. at *39–41. He also recommended the same enhancement for 

Cheryl Brown, who was diagnosed with clinical depression and spent approximately ten days in a 

mental health facility following the death of her son SPC Timothy Johnson, id. at *43–44. 

Similarly, Special Master Williams recommended 20% enhancements for Joshua M. Finley, who 

dropped out of college and suffered from suicidal thoughts after his brother SPC James Finley’s 

death,

10 for Elizabeth Ann Martin, who—due to her extreme distress at the loss of her brother SPC 

Wyatt Martin—moved back in with her parents and takes several psychotropic drugs, and for 

Stewart Perry, who has suicidal idealizations and was temporarily hospitalized due to shock after 

the death of his son SSG John Perry. Williams Rep. at *18–21, *330–33, *337. He further 

recommended a 10% enhancement for Jacob Avneri, who had to leave his job to care for his wife 

after the death of his stepson PV2 Jair Garcia, which resulted in a difficult financial situation for 

their family. Id. at *52–56. Finally, Special Master Saltzburg recommended a 20% enhancement 

to Joyce A. Brodeur, who was briefly admitted to the hospital under suspicion of a heart attack 

following the death of her son, Maj David Brodeur. Saltzburg Rep. at 60. While Mr. Horns, Ms. 

Brown, Mr. Finley, Ms. Martin, Mr. Perry, and Mr. Avneri credibly describe “serious detrimental 

effects,” the Peterson II framework takes such effects into consideration. See, e.g., Cabrera III, 

2024 WL 864092, at *8–9. Accordingly, the Court concluded that an enhancement from the 

Peterson II baseline is not warranted and that the baseline award aligns with the awards given to 

similarly situated plaintiffs. 

10 The Special Master also based his recommendation on Mr. Finley’s subsequent bipolar disorder, Williams 

Rep. at *19–20, but without evidence of a direct link between SPC Finley’s death and Mr. Finley’s diagnosis, the 

Court declines to provide an enhancement on that basis.
27 

* * * 

In sum, the Court adopted the recommendations of the special masters subject to the 

deviations listed above. 

VI. Prejudgment Interest

The Court previously concluded that “an award of prejudgment interest is appropriate” in 

this case. Cabrera I, 2022 WL 2817730, at *55; Cabrera II, 2023 WL 3496303, at *12. The Court 

calculated the bellwether plaintiffs’ “interest amount by following the D.C. Circuit’s

recommendation in Forman v. Korean Air Lines Co., 84 F.3d 446 (D.C. Cir. 1996),” Cabrera I, 

2022 WL 2817730, at *55, and used the same methodology with these plaintiffs. 

Conclusion 

For the foregoing reasons, the Court largely adopted the special masters’ recommendations 

for compensatory damages to each plaintiff listed in the Tranche 1 Order, with the handful of 

modifications noted herein, and awarded prejudgment interest to each plaintiff as reflected in the 

Tranche 1 Order. 

 /s/ 

 John D. Bates 

 United States District Judge

 

Dated: June 28, 2024