CALDERON–CARDONA v. DEM. PEOPLE’S REP. OF KOREA
Cite as 723 F.Supp.2d 441 (D.Puerto Rico 2010)
Alexandra Ramos–Duchateau, Ph.D, a clinical and forensic psychologist.
Quantifying the multiple layers of harm
which plaintiffs suffer is difficult. As guidance for determining the quantum of damages, the Court is aided by the dozens of
civil terrorism decisions under the FSIA.
In determining the appropriate amount of
compensatory damages, the Court may
look to prior decisions awarding damages
for pain and suffering, and to those awarding damages for solatium. Haim v. Islamic Republic of Iran, 425 F.Supp.2d 56, 71
(D.D.C.2006) (Lamberth, J.). ‘‘While intervening changes in law have ruled many
cases’ reliance on federal common law improper, such findings need not disturb the
accuracy of the analogy between solatium
and intentional infliction of emotional distress.’’ Id.
This Court has previously set out a general framework for compensatory
awards for family members of victims
who were killed as a result of terrorist
activity consisting of $8 million to spouses of deceased victims, $5 million to
parents and children of deceased victims, and $2.5 million to siblings of deceased victims.
Acosta v. The Islamic Republic of Iran,
574 F.Supp.2d 15, 29 (D.D.C.2008).
There is also clear guidance from prior
FSIA cases on awards to victims, like Pablo, who were injured in terrorist attacks.
Surviving victims of terrorist attacks are
generally awarded between $7 and $15
million for their own pain and suffering.
Campuzano, 281 F.Supp.2d 258 (D.D.C.
2003) (awards ranging from $7 to $15 million to victims for past and future pain and
suffering, loss of prospective income, and
past medical expenses), Blais v. Islamic
Republic of Iran, 459 F.Supp.2d 40
(D.D.C.2006) ($20 million for pain and suffering and mental anguish), Peterson v.
Islamic Republic of Iran, 515 F.Supp.2d
25 (D.D.C.2007) (26 injured survivors of
461
the 1983 Beirut attack were awarded between $1.5 million and $12 million for battery).
Courts have also made significant
awards to plaintiffs who endured the trauma and emotional impact of having a relative injured in a terrorist attack. Kirschenbaum v. Islamic Republic of Iran,
572 F.Supp.2d 200 (D.D.C.2008) ($2.5 million to each parent of injured United
States citizen; parents suffered great emotional anxiety after hearing of the attack,
endured the sight of their son with multiple open wounds, watched him suffer, and
thereafter had to deal with the strain on
their relationship with their son); Blais v.
Islamic Republic of Iran, 459 F.Supp.2d
40 (D.D.C.2006) ($3.5 million for pain and
suffering to each parent of United States
serviceman severely injured in Saudi terrorist
bombing);
Campuzano,
281
F.Supp.2d 258 ($2.5 million to mother for
loss of solatium and severe mental anguish
from the physical and emotional changes
to daughter); Peterson v. Islamic Republic of Iran, 515 F.Supp.2d 25 (D.D.C.2007)
($2.5 million for pain and suffering to parents of United States servicemen injured
in 1983 Beirut bombing).
Since the Lod Airport Attack was committed, members of Carmelo’s family have
suffered ongoing anguish and suffering by
reason of Carmelo’s murder, and their concomitant loss of Carmelo’s society, guidance and company. Plaintiffs’ pain and
suffering is obviously enormous, has been
with them constantly since the day of the
Lod Airport Attack and they will continue
to experience the effects of the tragedy for
the remainder of their lives. Likewise,
Pablo and his family also experienced, and
his heirs and estate will continue to experience, severe harm as the result of the Lod
Airport Attack.