WARMBIER v. DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA Cite as 356 F.Supp.3d 30 (D.D.C. 2018) 36. Death O95(1) Factors militating in favor of solatium award enhancement under Foreign Sovereign Immunities Act’s (FSIA) terrorism exception generally fall into one of three categories: evidence establishing especially close relationship between plaintiff and decedent, particularly in comparison to normal interactions to be expected given familial relationship; medical proof of severe pain, grief, or suffering on claimant’s behalf; and circumstances surrounding terrorist attack that made suffering particularly more acute or agonizing. 28 U.S.C.A. § 1608(e). 37. Damages O140.7 Death O95(1) Parents of student who was tortured, taken as hostage, and ultimately killed by Democratic People’s Republic of Korea (North Korea) were entitled to solatium awards of $15 million each under Foreign Sovereign Immunities Act’s (FSIA) terrorism exception, where North Korea permitted almost no facts regarding student’s condition to be known during his 17.5 month detention, and North Korea returned student with such extensive brain damage that his parents witnessed his discomfort, monstrous condition, and death shortly after his return. 28 U.S.C.A. §§ 1605A, 1608(e). 38. Damages O87(1) Punitive damages are awarded not to compensate victims, but to punish outrageous behavior and deter such outrageous conduct in future. 39. Damages O91.5(1) Punitive damages are warranted under Foreign Sovereign Immunities Act’s 1. Rough Transcript of Hearing (Dec. 19, 2018) (‘‘H’rg Tr. (Rough)’’) at 82 (Cynthia Warmbier (‘‘C. W.’’) ). Citations to the December 19, 2018 hearing are to a rough draft of the transcript, since no final transcript is yet 35 (FSIA) terrorism exception where defendants supported, protected, harbored, aided, abetted, enabled, sponsored, conspired with, and subsidized known terrorist organization whose modus operandi included targeting, brutalization, and murder of American citizens and others. 28 U.S.C.A. § 1605A. 40. Damages O94.1 In determining appropriate amount of punitive damages, courts consider (1) character of defendants’ act, (2) nature and extent of harm to plaintiffs that defendants caused or intended to cause, (3) need for deterrence, and (4) defendants’ wealth. 41. Assault and Battery O39 Death O95(1) Parents and estate of student who was tortured, taken as hostage, and ultimately killed by Democratic People’s Republic of Korea (North Korea) were entitled to punitive damages awards of $150 million each under Foreign Sovereign Immunities Act’s (FSIA) terrorism exception. 28 U.S.C.A. §§ 1605A, 1608(e). Richard Cullen, Pro Hac Vice, McGuireWoods LLP, Richmond, VA, Emily Rebecca Gantt, Benjamin L. Hatch, McGuireWoods LLP, Norfolk, VA, for Plaintiffs. MEMORANDUM OPINION BERYL A. HOWELL, Chief Judge ‘‘What the heck did you do to my kid?’’ 1 This is the anguished question voiced by the mother of Otto Warmbier when, after available. The final transcript will be posted on this case’s docket when available. Discrepancies in page numbers between the rough and final transcripts may exist.