34 356 FEDERAL SUPPLEMENT, 3d SERIES life expectancy and work life expectancy, as well as his exceptional talent, academic success, his attendance at London School of Economics, and his selection as highly compensated summer intern at investment firm. 28 U.S.C.A. § 1605A(c). 27. Damages O59 Payments made or benefits conferred by collateral sources do not have effect of reducing recovery against defendant in tort case. Restatement (Second) of Torts § 920A. 28. Assault and Battery O40 When assessing damages under Foreign Sovereign Immunities Act’s (FSIA) terrorism exception for surviving victims of terrorist hostilities, baseline assumption is that persons suffering injuries in terrorist attacks are entitled to $5 million in damages for their pain and suffering. 28 U.S.C.A. § 1605A(c). 29. Assault and Battery O40 Upward departure from $5 million baseline for pain and suffering damages in action under Foreign Sovereign Immunities Act’s (FSIA) terrorism exception would be warranted in presence of severe instances of physical and psychological pain, such as where victims suffered relatively more numerous and severe injuries, were rendered quadriplegic, including partially lost vision and hearing, or were mistaken for dead, but downward departure may be warranted in face of minor shrapnel injuries or minor injury from smallarms fire. 28 U.S.C.A. § 1605A(c). 30. Assault and Battery O40 Damages O140.7 Award of $15 million in compensatory damages for pain and suffering was warranted in action against Democratic People’s Republic of Korea (North Korea) under Foreign Sovereign Immunities Act’s (FSIA) terrorism exception to recover damages for American student’s torture, hostage taking, and extrajudicial killing, where North Korea detained student for approximately 17.5 months, he was publicly humiliated as result of his coerced public confession and trial, and there was substantial evidence that student had been tortured on multiple occasions, ultimately resulting in severe brain damage and death. 28 U.S.C.A. § 1605A(c). 31. Death O103(4) Federal Courts O3642 District court judges have discretion under Foreign Sovereign Immunities Act (FSIA) to grant solatium awards based on particular facts of each case, subject to abuse-of-discretion review for errors of law, clearly erroneous factual findings, and faulty reasoning. 28 U.S.C.A. § 1608(e). 32. Death O89 ‘‘Solatium’’ is traditionally compensatory damage that belongs to individual heir personally for injury to feelings and loss of decedent’s comfort and society. See publication Words and Phrases for other judicial constructions and definitions. 33. Death O89 Solatium award began as remedy for loss of spouse or parent, but is now understood to include loss of child or a sibling, as well. 34. Death O89 Mental anguish, bereavement, and grief resulting from immediate family member’s death or injury constitutes preponderant element of claim for solatium. 35. Death O95(1) In determining appropriate amount to compensate victims’ family members for emotional distress, court may look to prior decisions awarding damages for solatium.