Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Dammarell v. Islamic Republic of Iran

September 8, 2003

ANNE DAMMARELL, ET AL., PLAINTIFFS,
v.
ISLAMIC REPUBLIC OF IRAN, ET AL., DEFENDANTS.



The opinion of the court was delivered by: John D. Bates, United States District Judge

MEMORANDUM OPINION

(FINDINGS AND CONCLUSIONS)

On April 18, 1983, the United States Embassy in Beirut, Lebanon, was devastated by a massive car bomb that ushered in two decades of terrorist attacks on the United States and its citizens. Sixty-three persons, including seventeen U.S. citizens, were killed, and over one hundred others were injured. Now, in this civil action, over eighty plaintiffs -- victims of the bombing and their familiesseek to assign liability for their injuries to the Islamic Republic of Iran ("Iran") and its agent the Ministry of Intelligence and Security ("MOIS"). Below, the Court sets forth its findings of fact and conclusions of law as to those claims.*fn1

The Court will proceed in three steps. First, it will present its findings as to the causes of the bombing -- specifically, its findings that Iran and MOIS were indeed responsible for supporting, funding, and otherwise carrying out the unconscionable attack. Second, the Court will detail the personal accounts of the plaintiffs in this action -- stories that supply the necessary human dimension to the stark, horrifying skeleton of the bombing itself. Third, and finally, the Court will set forth its legal and remedial conclusions to bring this litigation to a close with some measure of relief for the plaintiffs.*fn2 Given recent developments in the law, that relief will not include punitive damages, but does consist of a total award of $123,061,657 in compensatory damages to this group of plaintiffs.

To be sure, neither this Memorandum Opinion nor this litigation can truly afford satisfactory relief from or bring closure to the terror and tragedy intentionally caused by the bombing. As the witnesses often recognized, no amount of monetary or other relief can ever bring back those who were killed or restore the past twenty years of the lives of those who have been injured and have suffered. But as those same witnesses frequently observed, perhaps it is only through the financial impact of damage awards in cases such as this that the governments (and their agents) responsible for terrorist conduct such as the bombing of the American Embassy in Beirut will be dissuaded from similar conduct in the future.

FINDINGS OF FACT

I. CAUSES OF THE EMBASSY BOMBING

A. Lebanon Before 1984 and the Emergence of Hizbollah

The country of Lebanon consists of dozens of different ethnic and religious groups, including Sunni Muslims, Shi'ite Muslims,*fn3 Maronite Christians, and Druze. In the first part of the twentieth century, Lebanon's political system was structured to provide for the sharing of power among the different ethnic and religious groups. See, e.g., Tr. Vol. I at 94-95.*fn4

By 1975, however, the political power sharing arrangements did not reflect the country's actual demographics, causing general unrest among the population. See, e.g., Tr. Vol. I at 95-96. These tensions culminated in the outbreak, in 1975, of what became a fifteen-year civil war. In the early years of the civil war, the United States and its nationals were not specifically targeted by the warring factions. See Tr. Vol. I at 123. This changed after the occurrence of two historically significant events.

First, in 1979, the Shah of Iran, an ally of the United States, was overthrown by the Ayatollah Ruhollah Khomeini and his followers, who set up a fundamentalist Islamic regime in Iran. One of the revolutionaries' objectives was to establish Iran as the preeminent power in the Middle East by, among other things, forcing the United States and other Western nations out of the region.

Second, in the summer of 1982, Israel invaded southern Lebanon, putatively in order to prevent the Palestinian Liberation Organization ("PLO") from conducting terrorist activities across Lebanon's border with Israel. See Tr. Vol. I at 100. Southern Lebanon at that time was home to a substantial portion of Lebanon's Shi'ite population. See Tr. Vol. I at 96.

Together, the 1979 Iranian revolution and the 1982 Israeli invasion of Lebanon led to a radicalization of Lebanon's Shi'ite community. As Dr. Patrick Clawson, Deputy Director of the Washington Institute for Near East Policy (see Tr. Vol. II at 3) and an expert in Iranian politics, the Iranian economy, and Iranian sponsorship of terrorism, testified:

[T]he Lebanese Shi'a community had historically been politically quietistic and had deep links with Iran, a fellow Shi'a country.... [A]fter the Iranian Revolution in 1979, there's a lot of interest by this new Iranian government encouraging political activism among the Lebanese Shi'ites.

Tr. Vol. II at 9. Iran's efforts met with "mixed success" until the 1982 Israeli invasion of southern Lebanon. Id. With the invasion, the"Israelis quickly alienate[d] the Shi'ite population," which in turn became "much more receptive to the Iranian message of anti-Western, anti-Israeli propaganda." Tr. Vol. II at 9-10; see also Exh. 34(1) at 2 (declassified 1984 CIA document noting that "[t]he [1979] Iranian revolution... and the Israeli invasion of predominantly-Shi'a southern Lebanon galvanized the Shi'a and set the stage for the emergence of radical groups prone to terrorism"). The United States was a principal target of propaganda because by this time it "had become identified with the Israelis and... [was] seen as an enemy of Islam and as an enemy of Iran because [of its support for] the Iraqis in the war against Iran." Exh. 19 (Transcript of Deposition of Robert Oakley) at 15.

It was in this context that Iran began pouring money and personnel into southern Lebanon to empower and train the Lebanese Shi'ites -- who traditionally had been economically oppressed -- to aid Iran in its goals of eradicating Westerners from the country and establishing an Islamic state. See Exh. 19 at 20-22, 50-52; Tr. Vol. II at 12-13; see also Exh. 34(7) at 2. Of principal importance in this regard, Iran began cultivating the development of a terrorist group among the Shi'ites that went by various names, including Hizbollah,*fn5 Islamic Jihad, Right Against Wrong, and the Revolutionary Justice Organization. See Exh. 19 (Oakley Depo. Tr.) at 46; see also Oakley Depo. Exh. 10 (also at Exh. 29) at 304.

Among other things, Iran provided Hizbollah with military arms, training, and other supplies, and issued propaganda to encourage Lebanese Shi'ites to join the organization. Exh. 34(5) at 2; see Exh. 34(1) at 2 (CIA analysis finding that Iran provided "training and military support to the radical Shi'a groups based in the Bekka Valley"). In fact, soldiers from Iran's elite military unit, the Revolutionary Guard, set up headquarters in Lebanon's Bekaa Valley to train Hizbollah recruits. Oakley Depo. Exh. 9 (also at Exh. 28); Exh. 10 (also Exh. 29) at 304; Exh. 34(5) at 2. By early 1985, the U.S. Government had "fresh and convincing evidence that radical elements highly placed within... the government of Iran [were] giving operational policy advice to terrorists in Lebanon, specifically terrorists operating under the name 'Islamic Jihad' or Hizbollah." Exh. 27 at 1; (also at Oakley Depo. Exh. 8).

Iran also provided Hizbollah with financial support. Indeed, while support of Hizbollah was not specifically provided for in Iran's annual budget, "Hisballah, the supreme religious leader and the president openly acknowledged that Iran was providing financial support, in fact proudly acknowledged that Iran was providing the financial support" for Hizbollah. Tr. Vol. II at 30. Dr. Clawson estimated that in 1983, the year of the Beirut Embassy bombing, Iran spent in the range of $50 million to $150 million on its terrorist efforts. Tr. Vol. II at 31.

Beginning in the early 1980s, Hizbollah undertook a series of terrorist acts directed at Westerners. See Tr. Vol. II at 15-16; 24; see also Exh. 31 (chronology of Hizbollah terrorist activities targeting United States interests in Lebanon from 1982 - 1988). One of the first events was the July 1982 kidnaping of David Dodge, then the Acting President of the American University of Beirut. See, e.g., Tr. Vol. I at 124-25. This was a significant development, as "after the American embassy or maybe even more than the American embassy, the American University of Beirut is the symbol of America in Lebanon, indeed a very proud symbol in many respects." Id. at 124.

Other acts of terror against Western interests followed: the bombings of the U.S. Marine Corps barracks and French paratrooper base in October 1983 (see, e.g., Peterson v. Islamic Republic of Iran, Nos. 01-2094 and 01-2684, 2003 U.S. Dist. LEXIS 8915 (D.D.C. May 30, 2003)); the murder of Malcolm Kerr, President of the American University of Beirut, in January 1984; the United States Embassy Annex bombing in September 1984; and the kidnaping, from 1982 to 1991, of 50 Western hostages, including American, British, French and German nationals. See Exh. 34 (8) at 3; Exh. 29 at 305-307; see also Exh. 19 (Oakley Depo. Tr.) at 27-28, quoting Oakley Depo. Exh. 3; see generally Tr. Vol. II at 22- 30.

Hizbollah accomplished its terrorist acts not just with the support of the Iranian government generally, but with the specific assistance of MOIS. An Iranian government ministry, MOIS was formally established by law in 1983 or 1984, although it had previously existed as an offshoot of the secret police under the regime of the former Shah of Iran. See Tr. Vol. II at 32-33. At the time, it was the second-most respected intelligence agency in the Middle East, after the Israeli intelligence apparatus. See id. at 33. As part of its operations, MOIS acted, and continues to act, as "a prime conduit to terrorist and extremist groups." Exh. 34 (8) at 2. See also Exh. 19 (Oakley Depo. Tr.) at 47; Oakley Depo. Exh. 10 (also at Exh. 34). In Lebanon in particular, MOIS supported Hizbollah, nurturing it with "financial assistance, arms and training." Oakley Depo. Attach. 10 at 304 (also at Exh. 29); see also Tr. Vol. II at 12; Exh. 34 (8) at 1-2. With this support, Hizbollah evolved into "one of the most capable and professional terrorist organizations in the world." Exh. 34 (8) at 2.

B. The April 18, 1983 Bombing

On April 18, 1983, at approximately 1:05 p.m., an unidentified driver crashed a vehicle laden with hundreds of pounds of explosives into the main entrance of the United States Embassy in Beirut. See generally Exhs. 2-10; Exh. 11. Upon crashing into the Embassy, the vehicle exploded with a force so powerful that seven floors in the center section of the crescent-shaped building collapsed, or "pancaked." See Exh. 17 at 3-4. Portions of the Embassy, including the Marine security guard post, the cafeteria, the United States Information Service library, the personnel section, and the consular section, were completely destroyed by the blast. Other parts of the building were severely damaged. See Tr. Vol. I at 131, 133; see also Exh. 16 at 6-17; see generally Exhs. 2-11.

As a result of the blast and the resulting damage and destruction of portions of the Embassy, sixty-three people, including seventeen U.S. citizens, were killed. Over one hundred others were injured. See, e.g., Tr. Vol. I at 117, 135; see also Exhs. 2-11.

The bombing was the first large-scale attack against a United States Embassy anywhere in the world. Exh. 19 (Oakley Depo. Tr.) at 22; see also Tr. Vol. I at 121-22; Exh. 35 at 13. At the time, it was not immediately clear who was responsible for the bombing. See, e.g., Tr. Vol. II at 27-28; Tr. Vol. I. At 121. But by 1984, the U.S. State Department, in its annual publication Patterns of Global Terrorism: 1983, noted that "radical Lebanese Shi'a using the nom-de-guerre Islamic Jihad" and "operat[ing] with Iranian support and encouragement" were "responsible for the suicide attack[s] against the U.S. Embassy." Exh. 20 at 11 (also at Oakley Depo. Exh. 1);*fn6 see Exh. 22 (discussing Islamic Jihad, or Hizbollah's, terrorist activities, including, inter alia, the 1983 Beirut Embassy bombing, as "part of a major terrorist campaign aimed at the elimination of U.S. and western influence in Lebanon"); Oakley Depo. Tr. at 23-25. In connection with the evidentiary hearing in this matter, Ambassador Robert Oakley, the coordinator of the State Department's counter-terrorism efforts who was tasked with assessing who was behind the 1983 Beirut Embassy bombing (see Exh. 19 (Oakley Depo. Tr.) at 9), testified that it was ultimately "very clear that Islamic Jihad [Hizbollah] was behind the bombing in 1983." Id. at 21. Ambassador Oakley further expressed "confiden[ce] that the government of Iran was involved directly in the Hisballah organization, which was created, armed, trained, protected, provided technical assistance by the Iranian Revolutionary Guards." Id. at 21.

Among other things, the complexity of the attack upon the U.S. Embassy in Beirut evidenced Iran's central role in the attack. Dr. Clawson testified:

[T]here's no question that Iran was responsible for the selection of the target, provided much of the information for how to carry out the bombing, the expertise for how to

build the bomb, the political direction that said that this was an important target to bomb, provided financial support for the bombers. It has the Iranians' fingerprints all over it....

[T]his was quite a sophisticated and large bomb against a well-guarded target. And at the time, the people from the Shi'a community who claimed responsibility for this were just getting into the business of having a militia and having -- and engaging in some kinds of bombings. They hadn't done a whole lot. They didn't have established expertise; they didn't have a group of people locally whom they could draw upon to do this. And furthermore, at this time they were so dependant upon financial support from Iran, they had no independent means of financial support, and furthermore, they were so dependant upon political guidance from Iran, Iran was quite directly ordering what targets to do, what not to do.

Tr. Vol. II at 20-21.

The bombing of the U.S. Embassy in Beirut in April 1983 represented a turning point with respect to Iran-sponsored terrorism conducted in Lebanon by Hizbollah. As Ambassador Oakley testified:

I think it was a seminal event in anti-U.S. terrorism and Lebanon seems to be the easiest place for the Iranians to operate. As I've said before, they had several purposes, one was to drive the United States out of Lebanon, its military forces and also as you see subsequently from the attacks on professors at the -- and the President of the American University in Beirut, a cultural influence. Same thing is true of the French who were supporting universities there and also had military forces there as part of the Multinational Force. The Iranians wanted to drive us out so they could put in an Iranian Shi'a revolutionary state. The second thing they wanted to do is to punish the United States for its support of Iraq, against Iran in the Iraq/Iran war, which at that stage was at its peak and the Iranians were at the losing end of it at that stage so they wanted to make it very, very clear they were going after us. The third thing they wanted to do was -- all of these were helped by blowing up our embassy, was to show the power which Iran and its supporters could generate. And here you have something that's not quite as powerful, but almost as the removal of the Shah as supported by the United States and indirectly by Israel. And finally they wanted to cement their relationship within the entire Middle East by showing what they could do against us, which made them a force throughout the Moslem world, if you will. Here they were taking on the great power, taking on the great Satan in a very clear way and yet doing it with plausible deniability by saying, Look, these Lebanese feel so strongly against the United States they are willing to take this type of action. So it serves several different purposes for the government of Iran and did so with a degree of success. [Although] we stood our ground, we weren't driven out of Lebanon at this stage. It was only later on when they blew up the [Marine] barracks, which was a huge shock to the American people that finally public and political pressure convinced the Reagan administration they should pull the U.S. forces out of Lebanon.

Exh. 19 (Oakley Depo. Tr.) at 50-52.

On January 19, 1984, President Reagan designated Iran a state sponsor of terrorism. See Exh. 32. This designation was in response to Iran's role in sponsoring a number of terrorist acts in Lebanon, including the April 18, 1983, Embassy bombing at issue here. See Tr. Vol. II at 28. Iran has ever since remained on the State Department list of state sponsors of terrorism. See 22 C.F.R. § 126.1(d)(2003); 31 C.F.R. § 596.201 (2003). In fact, according to the U.S. Department of Defense, "[f]or over two decades, Iran's involvement in international terrorism has been unmatched by any other state. Iran remains the world's most capable and persistent state sponsor of terrorism." Exh. 34(8) at 1. See also Exh. 29 at 304 ("Iran is currently one of the world's most active states supporting international terrorism and subversion against other countries."); Tr. Vol. II at 34 (Dr. Clawson responding, when asked whether Iran and MOIS continue to sponsor terrorism, "[o]h yes sir. No question about that.")

II. PLAINTIFFS

Plaintiffs in this matter consist of individuals who were either personally injured in the April 1983 attack on the U.S. Embassy in Beirut, Lebanon, or who are family members of those killed or injured in the attack. The Court will discuss the testimony of each plaintiff in the order in which he or she testified, and will then discuss the testimony of expert witness Dr. Larry Pastor.*fn7

A. Anne Dammarell

Plaintiff Anne Dammarell was assigned to the United States Embassy in Beirut as a General Development Officer with the United States Agency for International Development ("AID"). See Tr. Vol. I at 14-15; see also Exh. 12.

She was born January 2, 1938, in Cincinnati, Ohio. She is a United States citizen and presently resides in Washington, D.C. See Tr. Vol. I at 12.

Ms. Dammarell graduated from Our Lady of Cincinnati College in 1960, with a Bachelors Degree in English, and a minor in History and Philosophy. See Tr. Vol. I at 13. After graduation, Ms. Dammarell worked for Procter and Gamble as a market researcher, and thereafter traveled through Europe; worked as an au pair in France; and taught English as a second language in Spain. See id.

In 1965, Ms. Dammarell joined AID, in the Office of International Training, in Washington, D.C. See Tr. Vol. I at 14. A few years later, Ms. Dammarell transferred to the Afghan desk, where she remained until 1980. See id.

In the fall of 1980, Ms. Dammarell was posted overseas to the United States Embassy in Beirut, as a program officer with the then three-person AID mission. See id. at 14-15. She managed AID's contacts with non-governmental organizations for a $5 million development program. See id. at 15. According to Ms. Dammarell,"Beirut was not a nine-to-five job by any stretch of the imagination. I think people who were there wanted to be there. They had a sense of mission and dedication, and you worked anytime to get the work done." Id. at 15-16.

Ms. Dammarell was evacuated from Beirut following the Israeli invasion in the summer of 1982, returning to the city in July 1982. See id. at 21-23; Exh. 12 at 1. In the following months, the AID mission at the Embassy increased to 17 people, and the Embassy staff in general increased as the United States' efforts to bring peace to Lebanon intensified. See Tr. Vol. I at 27, 28. Ms. Dammarell extended her stay twice, in part to help train her replacement. See id. at 28. She was scheduled to leave Beirut on April 25, one week after the Embassy bombing. See id.

April 18, 1983 was overcast and rainy. See Tr. Vol. I at 30. Ms. Dammarell spent the morning at home, interviewing contractors to move her belongings back to the United States the following week. See id. at 31. She arrived at the Embassy around noon, and planned on writing a report for William McIntyre, her supervisor. See id. She met Robert Pearson, who was coming out of the Embassy when she arrived, and the two decided to have lunch in the Embassy cafeteria to discuss her going away party. See id. at 31-32. The cafeteria was located on the same floor as and to the left of the main entry to the Embassy. See id. at 30. Mr. Pearson and Ms. Dammarell opted to sit in the front of the cafeteria, closest to the Corniche, which was a place Ms. Dammarell did not ordinarily sit. See id. at 31-32.

As the pair discussed the possibility of peace, Ms. Dammarell: [H]eard a huge noise, an explosion, and I felt intense heat. And the only way I can describe that heat is if you've ever had an oven going full blast and you opened the door and the heat jumps out at you. That's how I felt, except it wasn't just my face; it was my entire body. The silence followed that -- it happened all at once. It was the big noise, dead silence, tremendous heat, and then a sensation of being shocked, meaning as you put your finger in a wall electrical outlet, you can get a little shock... I had that through my entire body, from my head to my toes.... The odd thing is I made up a story. It had nothing to do with reality, but I assumed that we were struck by lightning... and I thought... the contractors decided to save money... and they're going to put all the electrical system... in the cafeteria, and I sat next to that and one of the wires came down and hit me and I've been electrocuted.... And then I thought -well, I'm dead. So I'm going to lean over and tell Bob that I'm dead. And when I tried to do that, I realized I didn't have a body. And then I thought -isolation like I've never felt before.... I remember thinking, well, I can't touch anybody. I can't talk to Bob. I can't see or hear. And this was not... what... they told me what death was going to be like and that I simply couldn't endure the pain, the isolation. It was clear. I said - in my mind's eye I said I couldn't endure this. And when I did that, I got angry. And then the next thing I remember was being outside, waking up. I was very alert. I wasn't groggy. And my jaw ached. It ached terribly. And I remembered thinking I'm glad I didn't have all that dental work, because clearly my teeth are going to fall out. Tr. Vol. I at 33-34.

Ms. Dammarell had been blown out of and along the cafeteria wall, landing somewhere outside the Embassy. See Tr. Vol. I at 33-35. After regaining consciousness, she:

[L]ooked up [and] felt what I thought was a slab. I had thought it was a wall. And I'm claustrophobic, so I began to panic.... And I said, now, just calm down and you can get out of it.... I thought, well, I'll see how heavy this wall is, so I thought I was going to pick up my arms and push, and I realized that I was telling... my brain... to do that, but I couldn't get my arms to move. They were like jello. And it seemed a very slow process, but eventually I did raise them, and when I pushed against what was on my face, it crumbled.... And when I could pick away some of the debris and see the sky -it was a blue sky- I relaxed because I knew I'd get a supply of air.

Id. at 35.

Ms. Dammarell lay there for a bit, seeing"thick" and"tacky" blood on her right hand and attempting, but failing, to move her arms to pull herself out from under the debris. Tr. Vol. I at 35-36. She called out for Robert Pearson, and when he did not respond, assumed that he was dead. See id. at 36, 37. Ms. Dammarell heard people moaning, and turned her head to the right, towards the noise. See id. She saw smoke and flames in the distance, but did not worry because the fire was far away.

See id. She turned her head to the left and saw:

[F]ire coming towards me that was small, close to the ground, yellow, and getting nearer.... I thought I was going to be burned to death. I thought my hair would catch fire, and that would be the end of me. I looked up to see this big, black curl of smoke.... [I]t was thick and full and puffy, and I thought if I could inhale the smoke, I would suffocate before being burned to death. And I thought that would be easier. And the cloud began to dissipate, so that wasn't possible, to be suffocated. And so I was trying -I suppose'prepare for death' would be a way of saying it. But I didn't have any... deep religious insight... but I remember feeling a deep sense of remorse; I wish I had been a better person, and that was a sadness, a deep sadness.

Id. at 36-37.

At one point, Ms. Dammarell looked at her left side and saw a"mass of red blood." She assumed that her heart had been"ripped open" only to realize that she would not be alive if that were true. Tr. Vol. I at 37. She then assumed that the blood was due to her lung collapsing, and tried to remember that to tell her eventual rescuers. See id. at 37-38.

Finally, several young men located Ms. Dammarell. They removed an air conditioner that had pinned her legs down, and picked her up. See Tr. Vol. I at 38. That was the first time Ms. Dammarell felt"searing pain." Id. When they picked Ms. Dammarell up, she"seemed to go rigid." Id. Ms. Dammarell's rescuers ran with her towards the street and"toss[ed her] in [to an ambulance] like a sack of cement." Id. at 39. She tried in vain to tell the attendant that her lung was collapsed, but could not make herself understood. See id. Ms. Dammarell was transported to the American University of Beirut ("AUB") Hospital. See id.

Once at AUB, she was placed on a gurney and rushed into the hospital. Her body got"stiffer and stiffer and more rigid, and so it got to a point where [she could] only look up." Tr. Vol. I at 40. Ms. Dammarell was able to see and hear the commotion around her. See id. A nurse came and took her blood pressure, and for a moment she felt"really good." Id. Ms. Dammarell then noticed that her gurney was being pushed"further and further and further down" the hallway; she assumed that she must be seriously injured and was going to die. Id.

At one point, a doctor she knew approached her. Ms. Dammarell, still focused on what she thought was a punctured lung, tried to tell him about her lung. The doctor told her not to worry because she was"far better off than most people." Tr. Vol. I at 41. A friend from Catholic Relief Services saw Ms. Dammarell and told her that he would tell the Embassy that she was alive. See id. Ms. Dammarell was eventually given a glucose drip. She felt the pain of the needle, but generally did not feel much pain from her injuries, recalling that"[t]he body goes into some sort of shock under these types of trauma.... And it's remarkable... what you don't feel until later on." Id. at 41-42. While lying there, Ms. Dammarell heard Robert Pearson's voice, the first indication she had that he had survived the bombing. Tr. Vol. I at 42.

Late in the afternoon, Ms. Dammarell was finally taken to be x-rayed. See Tr. Vol. I at 42. When the technicians moved her to take the x-rays, Ms. Dammarell began to feel"the horrible pain that [she] can now associate with broken bones." Id. at 42-43. The technicians then wanted to move Ms. Dammarell from the gurney to a bed, but Ms. Dammarell"wouldn't let them touch [her]." Id. An American doctor intervened and told the technicians to leave her alone. See id. She does not remember how long she stayed on the gurney. See id.

That night, Ms. Dammarell was placed in a room with a Lebanese roommate. See Tr. Vol. I at 43. She was not given any pain medication because she had a concussion. See id. at 43-44. Around midnight, an Embassy colleague, Diane Dillard, found her. She informed Ms. Dammarell that William McIntyre had been killed and generally informed her of others who were killed or injured. See id. at 44, 64. Ms. Dammarell asked Ms. Dillard to tell her friends in Rome that she would not be meeting them the following week. See id. While the Embassy lacked any means of communication, Ms. Dillard assured Ms. Dammarell that she would do so, simply to reassure her. See id.

The next day, April 19, Ms. Dammarell was informed that she needed an operation. See Tr. Vol. I at 45. The operation was postponed because others who were injured needed immediate surgery. See id. at 46. Ms. Dammarell received a private room that evening, but had difficulty sleeping because she feared that the hospital would be bombed. See id. Ms. Dammarell also remembers feeling euphoric at being alive, a feeling that lasted for months. See id.

For the next few days, Ms. Dammarell was attended to by a rotating group of women, on whom Ms. Dammarell depended on because she"could do literally nothing for [herself]." Tr. Vol. I at 46-47. Many people from the Embassy and the community came to visit, a process that Ms. Dammarell was thankful for, but found"exhausting." Id. at 47-48. From her visitors, she learned the identities of some of the individuals who had been killed and injured. See id. at 64. She also viewed for the first time news video of the bombing, which included scenes of her being carried out of the wreckage. See id. at 65. At some point, Ms. Dammarell was told that she could go to Germany for surgery, and have a family member meet her there. See id. at 47-48. Ms. Dammarell agreed to go and asked for her sister, Elizabeth, to meet her. See id. at 48. Ms. Dammarell felt very"alone and frightened and vulnerable" because she had little control over her life, and no control over her body. Id. at 48-49. She wanted her sister to join her because she knew her sister loved her and would take care of her. See id. at 49.

The night before her flight to Germany, Ms. Dammarell was given a barbiturate to help her sleep. See Tr. Vol. I at 49. She was worried about the pain she would feel during her transport, because touching one part of her body made pain radiate throughout. See id. The barbiturate caused nightmares, and Ms. Dammarell awoke exhausted. See id. The following morning, the United States government transported Ms. Dammarell to the airport for a government flight to Germany. See id. at 49-50.

Ms. Dammarell was transported to the United States military hospital in Wiesbaden, Germany. See Tr. Vol. I at 50; see also Exh. 12 at 3. At the hospital nurses, for the first time, cleaned the black tar-like residue of the bombing off of her. See id. After being cleaned, Ms. Dammarell asked for, and received, a chef's salad, the same meal that she ate the day of the bombing. See id. at 50-51. While in Germany, Ms. Dammarell still felt a"sense of joy," even though she knew people had been killed and injured in the bombing. Id. at 54; see, also Tr. Vol. II at 71-72 (expert testimony of Dr. Larry Pastor indicating that a"sense of euphoria" or"honeymoon stage" is a common post-trauma reaction based on a"tremendous relief as to what could have happened, but didn't"). She became worried that she was unable to mourn and asked to see a psychiatrist, who told her that she would first have to focus on physically healing before she could focus on the loss of life. See Tr. Vol. I at 54; Tr. Vol. II at 70.

Ms. Dammarell was told that if she had surgery in Germany, she would have to remain there for months until she recuperated. See Tr. Vol. I at 51. She opted instead to be transported to Georgetown University Hospital ("Georgetown") in Washington, D.C. See id. at 52. From the various examinations she received, Ms. Dammarell ultimately learned that she had nineteen broken bones: her left foot was broken in three places; her left ribs were broken; her pelvic bone was broken; both arms were broken; two fingers in her left hand were broken; her collar bone was broken and her scapula was broken. See id. at 45. In May 1983, Ms. Dammarell underwent three operations on her left arm at Georgetown. See id. at 52, 59. The pain following the first operation was"searing." Id. at 52-53. She received morphine every four hours, but after the first hour or two, she"moaned and moaned." See id. The next year she had an operation on her left hand and the following year she had an operation on her left foot. See id. During one of her procedures, Ms. Dammarell also had glass surgically removed from her neck. See id.

Ms. Dammarell testified that while she received"excellent care" at Georgetown, she needed a"mother or ombudsman" to supervise her treatment and ensure that she was being looked at"from head to toe." Tr. Vol. I at 54. While she received any treatment she asked for, she felt like no one was looking at the"whole picture." Id. at 54-55.

During her recuperation, Ms. Dammarell felt a"drive to be normal." Tr. Vol. I at 53. She realized in Germany that she could not walk when a nurse tried to help her into a wheelchair. See id. at 55-56. She received physical therapy at Georgetown to relearn. Similarly, when Ms. Dammarell was asked to fill out a food menu at Georgetown, she realized that she could not write. Ms. Dammarell received occupational therapy at Georgetown to relearn these skills. See id. at 55.

Overall, Ms. Dammarell felt that the"minute one problem was solved," another would present itself, and as if she had"gone back to kindergarten." Tr. Vol. I at 55. What bothered her most during her time in the hospital was"a sense of not being protected." Id. She testified that on one occasion, she heard noises outside the hospital that she interpreted as gunshots, only to be informed by the nurse that it was construction. See id.; see also Tr. Vol. II at 54 (Dr. Larry Pastor testifying that aversion to stimuli such as sounds that make a victim re-experience a traumatic event is one of the symptom clusters found in trauma victims).

Ms. Dammarell first went outside in May 1983. See Tr. Vol. I at 59; see also Exh. 12 at 5. In the summer of 1983, Ms. Dammarell began receiving out-patient treatment, returning to the hospital every day. See Tr. Vol. I at 60. She rented a house near Georgetown, and two of her nieces came to care for her. See id. During this time, Ms. Dammarell began to experience anxiety attacks, and feared that someone would attack and kill her. See id. at 60-61. She also began to experience nightmares, involving the occurrence of a variety of tragedies that resulted in her death. See id. at 61; see generally Tr. Vol. II at 53-55 (Dr. Larry Pastor testifying that anxiety attacks, flashbacks, and nightmares are among manifestations of symptom clusters associated with aftermath of trauma). To address the anxiety attacks and nightmares, Ms. Dammarell began seeing a psychiatrist. See Tr. Vol. I at 61.

Additionally, Ms. Dammarell became very concerned that she would not be able to return to work and would become a burden to her family. See Tr. Vol. I at 67. When a State Department psychiatrist informed her that she might not be able to go to her next scheduled posting in Sri Lanka, that"pushed a panic button." Id. Ms. Dammarell became determined to recover and assume her post, in part because it gave her a feeling of control over her life. See id. at 67-68.

During the next several months, Ms. Dammarell concentrated primarily on her treatment. See Tr. Vol. I at 56. During this time, she received a visit from Robert Pugh, the Embassy's Deputy Chief of Mission, who gave Ms. Dammarell, for the first time, a detailed explanation of the bombing. See id. at 64-65.

In January 1984, Ms. Dammarell was declared medically fit, and assumed her post as an AID Program Officer at the U.S. Embassy in Sri Lanka. See Tr. Vol. I at 68. At this time, Ms. Dammarell could walk, but not run, and was incapable of rolling over. See id. When she arrived in Sri Lanka, the country's civil war was heating up. See id. When AID contractors were kidnaped, Ms. Dammarell was so frightened that she"did not sleep for two or three days." Id. at 69; see also Tr. Vol. II at 54, 59 (Dr. Larry Pastor testifying that sleeplessness is part of cluster of trauma-related disabilities, as are fears and anxieties in connection with events mirroring circumstances of underlying traumatizing event). When people asked Ms. Dammarell if she was well, she"lied through [her] teeth" and said yes, because of the Foreign Service's cultural belief that its members"have stiff upper lips and [can] do anything and [can] come through it unscathed and... will succeed." Tr. Vol. I at 69-70.

Ms. Dammarell realized in Sri Lanka that she"really wasn't functioning." Tr. Vol. I at 70, 80. She testified that she"wasn't sleeping. I was anxious, I was worried. I was afraid of being bombed again. I was having these dreadful nightmares that I couldn't stop." Id. at 80. When a colleague suggested that she might have"survivor's guilt," Ms. Dammarell dismissed the suggestion. Id. Ms. Dammarell completed her three-year tour in Sri Lanka in 1987, and returned to Washington, D.C. See id. at 70. After working for several months with AID in Washington, D.C., Ms. Dammarell opted to retire early, at the age of fifty. See id. Her retirement became effective in January 1988. See id. Before the bombing, Ms. Dammarell had expected to serve overseas in the foreign service and retire at age 65.

After retiring, Ms. Dammarell spent two years in Cairo, Egypt, teaching English as a second language. See Tr. Vol. I at 71. She remained in Egypt until the first Persian Gulf War began in 1991. See id.

Upon returning to the United States, Ms. Dammarell enrolled at Georgetown University, and ultimately received a Masters in International Studies. See Tr. Vol. I at 72, 78. In her Master's-level studies, Ms. Dammarell was primarily interested in learning about Beirut, and the Embassy bombing. See id. at 72. As Ms. Dammarell testified:

I wanted to get rid of Beirut [and] the nightmares and everything else, and part of that getting rid of is the process... [of] trying to forgive the person who did it to me, and I could do it with the driver. I couldn't do it with whoever thought of it. And I was so ignorant. I didn't know a lot.... I thought maybe if I studied I could find out.

Id. at 73-74. Ms. Dammarell eventually learned through her research that Iran was behind the bombing. See id. at 73. It was also through this research that Ms. Dammarell first learned of Post-Traumatic Stress Disorder ("PTSD"). See id. at 74-75. Ms. Dammarell testified that the descriptions of the syndrome"seemed very familiar. I was grateful, actually, when I found out that it was a known entity. It wasn't something that I was just hallucinating; it wasn't just me." Id. at 75.

Ms. Dammarell chose to write her Master's Thesis on the effects of the Embassy bombing on its survivors. See Tr. Vol. I at 74, 78; Exh. 14 (Dammarell thesis). Ms. Dammarell found that most of the materials she reviewed in her research dealt with the October 1983 bombing of the United States Marine Corps barracks, with very little literature dealing directly with the Embassy bombing. See Tr. Vol. I at 75. Ms. Dammarell thought that focusing on the Embassy bombing "[w]ould be useful... it's written down and it's outside of me and it's on paper and it's there. So if anybody really wanted to look into the matter they could; there would be a document they could go to." Id. at 79.

After receiving her Master's Degree, Ms. Dammarell worked with family members of the victims of the 1998 bombings of the United States Embassies in Kenya and Tanzania. Id. at 59. Since the Beirut Embassy attack, Ms. Dammarell has had an"acute awareness of being vulnerable." Tr. Vol. I at 82. She testified that:

[A]fter the bombing... I was super-aware of people when I would be at the airport boarding a plane. I would look at the people in front of me and say, well, these may be the last people on Earth I see. And then I would go and look at people if they had like a big bulgy briefcase, I would say, now, is there a bomb in that?... I would go into a room, and I did this at State Department, and rearrange the furniture so that my desk wasn't near the glass. I had a hissy fit in the post office when nobody would come and open up a box that was not identified by anybody.... All of that was a result of living in Beirut. Since 9/11, the things that I've just mentioned are not at all unusual.... So what was odd, strange behavior then is not odd, strange behavior now.

Id. at 81-82; see also Tr. Vol. II at 50-51 (Dr. Larry Pastor testifying that hyperarousal and related symptoms such as "exaggerated startle response, constant anxiety, being on edge, hypervigilence, [and] scanning the environment" are among manifestations of one of three primary symptom clusters characterizing PTSD).

In November 2000, Ms. Dammarell saw an article in The Washington Post regarding lawsuits against Iran for claims of state-sponsored terrorism. See Tr. Vol. I at 82-83. Ms. Dammarell and several other litigants decided to investigate whether Iran could be sued for sponsoring the 1983 Beirut Embassy bombing. See id. at 83-84. When Ms. Dammarell discovered she could sue Iran she opted to do so:

I resented the fact that nobody was held responsible. It was a front-page item for a while, it slipped off the front page, and I had the impression that nobody really cared to pursue it to find out who did it and why. It wasn't politically expedient to do that, didn't really matter because we were government workers and we wouldn't be a threat in any way. I wanted an authority figure; I wanted an open public discussion. I wanted to identify who was responsible, to get it outside of me. It was no longer just me and my neurosis or me and my thinking or not thinking straightly. It was clear-cut and here, outside. I had the naive belief when I first started that we would actually face the government of Iran, that somehow there would be some sort of discussion. And of course, that would not be. That will not. That's how I wanted it to be. I wanted it to be open and public, well-known, and somebody of authority would say, well, now, this isn't a very nice thing to have had happen.

Id. at 85-86.

The economic damages suffered by Ms. Dammarell are set forth in the expert report of Steven A. Wolf. See Exh. 39 at 18 and Tab 5.

B. Daniel Pellegrino

Plaintiff Daniel Pellegrino served as a Naval Intelligence Specialist in the Defense Attaché's Office at the U.S. Embassy in Beirut. See Tr. Vol. II at 111-112.; see also Exh. 40; Exh. 14 at 213. Mr. Pellegrino was born November 28, 1950 in Cambridge, New York, and is a United States citizen. See Tr. Vol. II at 109. At the time of his testimony, Mr. Pellegrino resided at the United States Embassy compound in Tokyo, Japan. See id. at 108.

Mr. Pellegrino graduated from Greenwich Central High School in Greenwich, New York, in June 1968 and joined the Army the next month, as a private. See Tr. Vol. II at 109. Mr. Pellegrino specialized in the area of intelligence, with his subsequent postings at various bases in the United States and Vietnam. See id. at 110. Mr. Pellegrino left the Army in July 1971. See id. Subsequently, he was briefly employed as a Sky Marshall; attended Hudson Valley Community College in New York; and worked for the Postal Service as a clerk-carrier. See id. at 111.

Mr. Pellegrino left the postal service in November 1976, and re-joined the military, this time the Navy, as a seaman. See Tr. Vol. II at 111. He was subsequently stationed at various bases in the United States, Japan and Korea. See id. at 112. During this time, he received Russian language, naval intelligence, and attaché training. See id. at 111, 112.

While stationed in Korea, Mr. Pellegrino inquired about obtaining a position in the Naval Attaché Office of a United States Embassy. See Tr. Vol. II at 112. He was offered postings in Ankara, Turkey, and Beirut, Lebanon. See id. Mr. Pellegrino chose Beirut because it was a shorter tour and would satisfy his sea obligation with the Navy. See id. He arrived in Beirut in April 1982, as the Intelligence Assistant in the Naval Attaché Office. See id. at 112-113.

On the morning of April 18, 1983, Mr. Pellegrino arrived at the Embassy, grabbed a snack, and went to work in his office on the sixth floor. See Tr. Vol. II at 115. He broke for lunch around noon, and ate in the cafeteria with friends, including Dorothy Pech and Beth Samuel. See id. Mr. Pellegrino left the cafeteria around 1:00. See id. He passed by Post 1, where Marine Robert McMaugh was on duty. While Mr. Pellegrino would normally stop to speak with Mr. McMaugh, on this occasion he did not stop, and instead immediately returned to his office. See id. at 115-116. Mr. Pellegrino spoke with his supervisor, Colonel Winchell Craig, for a few minutes, and then made a phone call to cancel a flight. See id. at 116.*fn8 At that moment, the bomb exploded. See id.

As Mr. Pellegrino testified, he heard:

[A] tremendous explosion, and I thought I had blinked. The office looked normal, and then when I opened my eyes, which I thought was a blink away, it was completely changed. It was just completely devastated. The ceiling had come down, the windows were gone, the air conditioner came out, the door was off its hinges, the walls were all sprayed with shrapnel or glass or debris, and lots of smoke, tear gas. Tr. Vol. II at 117. Mr. Pellegrino, who had been sitting in his chair, was thrown out of his chair and up against the wall behind him. See id.

Mr. Pellegrino could not tell at this point whether he had been injured. See Tr. Vol. II at 117. He was puzzled because he saw a "fair amount of blood," but "felt no pain." Id. at 117-118. Mr. Pellegrino put his hands up to his ears, and when he brought them down, saw blood all over them and his shirt. See id. at 118. He then realized that he had been cut on his head, nose, side of his face, neck, and hands, and had glass embedded in his skin. See id. at 118, 122.

Mr. Pellegrino initially assumed that his office had taken a direct hit from a rocket propelled grenade or airplane missile. See Tr. Vol. II at 118. While he was trying to determine the cause of the damage, a Marine came into his office and handed him a first aid pouch to stop the bleeding on his head. See id. at 118-119. Mr. Pellegrino initially hesitated to leave his office, even though his training dictated that he head towards the center of the Embassy, because he feared either that another round would hit the Embassy or a second bomb would detonate, a common practice in Beirut. See id. at 119. Eventually, Mr. Pellegrino left his office and made his way to the center of the Embassy, where other people were waiting, including Colonel Craig. See id.

While waiting for instructions, Mr. Pellegrino asked Colonel Craig for a paper towel, which he used to blow his nose. As Mr. Pellegrino testified "it just came out all blood." Tr. Vol. II at 119. Eventually, Mr. Pellegrino followed other individuals down to the fourth floor, where they attempted to exit the Embassy through a window. See id. at 120. The window was blocked by a beam that could not be moved, forcing the group to walk down to the second floor, where Mr. Pellegrino was able to exit the Embassy by climbing out a window and down a ladder. See id. Once on the ground, Mr. Pellegrino saw a crater, twenty to forty feet in diameter, in front of the Embassy, and realized that the Embassy had been hit by a car bomb. See id. at 120.

Mr. Pellegrino was taken to AUB Hospital by ambulance. See Tr. Vol. II at 121. At the hospital, Mr. Pellegrino was directed to a waiting room with other bombing victims. See id. He recalls seeing one victim who "came in with his arm open, and it looked just like something out of a textbook as far as you could see the upper layer [of] skin, the bottom layer." Id. A doctor ordered that Mr. Pellegrino be given two tetanus shots. Id. Mr. Pellegrino testified that "the shots hurt. And at that point, then I think my wounds started hurting. I really didn't feel anything up until that time. Those two shots sort of made my pain come up." Id. After that, Mr. Pellegrino was examined and received stitches. See id. at 122.

After receiving treatment, Mr. Pellegrino left the hospital, dodging reporters along the way, and saw Colonel Craig. See Tr. Vol. II at 123. Colonel Craig transported Mr. Pellegrino to the Colonel's apartment, where he spent the night. See id. at 123-24. He was able to telephone his parents that evening to tell them he was alive. See id. at 124. Mr. Pellegrino could not sleep that night because his experiences that day "hark[ened] back to Vietnam." Id. He knew that his parents would be worried for him, and he "said some prayers because... a lot of people had gotten killed." Id.

The following day, Mr. Pellegrino returned to the Embassy, and eventually returned to his duties, which were relocated first to the Deputy Chief of Mission's apartment and then to the British Embassy. See Tr. Vol. II at 124-26. Mr. Pellegrino remained in Beirut until October, 1983. See id. at 126.

In the following years, Mr. Pellegrino was posted to bases in the United States, Diego Garcia, Korea, and Japan. See Tr. Vol. II at 127-28. He retired from the military in October 1993. See id. at 128. Mr. Pellegrino's retirement was prompted by lack of promotions. See id. at 136. Prior to Beirut, Mr. Pellegrino had been regularly promoted; subsequent to Beirut, the promotions stopped. See id.; see also Tr. Vol. II at 75 (psychiatric expert Larry Pastor testifying that "one could predict overall lower occupational achievement and more difficulties along the way" among those with PTSD and similar trauma-related disorders stemming from Embassy bombing). Mr. Pellegrino testified that he stopped receiving promotions because after the bombing "I wasn't the same person I was when I got [to Beirut]. I think just overall I was a different kind of person, completely changed." Id. at 136; see also Tr. Vol. II at 55 (Dr. Larry Pastor testifying that deterioration of performance in major life areas, including in the workplace, is one of ten symptom clusters often seen in aftermath of trauma).

In December 1993, Mr. Pellegrino began working for the Department of Veterans Affairs in Albany, New York. See Tr. Vol. II at 128. He remained with the Department until 1997, when he joined the State Department as an Office Manager. See id. Since 1997, Mr. Pellegrino has been posted to Moscow, the Ivory Coast, and most recently Japan. See id. at 129.

After the bombing, Mr. Pellegrino suffered psychological effects:

I know my temper was very short most of the time. Little things would make me very angry. We were advised... to keep a weapon in our apartments, and I -- instead of just keeping it unloaded in the chamber, I kept it loaded all of the time. I was always hyper-aware of where I was going or what I was doing. Kept a low profile.... I think I had problems with concentration at times. I never slept well. I've really never slept well since Beirut.... I know I didn't sleep well, and when I did, things were bothering me... [like s]afety, physical safety, and someone may come crashing through the door. Kidnaping was -- the whole time I was [in Beirut], kidnaping was a threat....

Tr. Vol. II at 129-130, 131, 133; see generally Tr. Vol. II at 53-56 (Dr. Larry Pastor discussing symptom clusters involved in PTSD, with specific symptoms including, inter alia, sleeplessness; nightmares; fearfulness; avoidance of sights, smells and other stimuli that might trigger a re-experiencing of traumatic event; difficulty in emotionally connecting with others, moodiness and irritability; hypervigilence; and preoccupation with underlying trauma). Mr. Pellegrino never sought counseling to treat these issues, because he feared that his security clearance would be taken away:

I had a security clearance, and I think in those days if you had walked in and said something like that, then you would automatically have lost your security clearance. I had in mind that I wanted to continue with my career, so I chose not to say anything. Id. at 132. In retrospect, Mr. Pellegrino believes that he would have benefitted from counseling. See id. at 133.

Mr. Pellegrino believes that the bombing negatively impacted at least one of his post-Beirut postings with the State Department. See Tr. Vol. II at 133. Specifically, at his Moscow posting, Mr. Pellegrino's office at the Embassy was a windowless room within a windowless room. See id. at 133-34. Because Mr. Pellegrino had escaped from the Beirut Embassy through a window, the windowless rooms made him feel "trapped," thus effecting his performance. See id. at 134. Accordingly, he "did not perform as well as [he] could have and had trouble concentrating and learning new things." Id.

Mr. Pellegrino testified that he decided to participate in this lawsuit because he wanted "to come up here and try and speak for the people who can't speak. And that refers to the people that were killed back on April 18, 1983, and I'm here to respectfully request that this Court assign accountability and responsibility to that act, that murderous act, on that day." Tr. Vol. II at 135.

The economic damages suffered by Mr. Pellegrino are set forth in the expert report of Steven A. Wolf. See Exh. 39 at 25 and Tab 8.

C. Dorothy Pech

Plaintiff Dorothy Pech was posted to the U.S. Embassy in Beirut as secretary to the Deputy Chief of Mission. See Tr. Vol. III at 9-10; see also Exh. 41; Exh. 14 at 206. She was born November 6, 1929 in Portsmouth, Ohio, and is a United States citizen. See Tr. Vol. III at 6. She currently resides in Vienna, Virginia. See id. at 5. Ms. Pech graduated from Southeastern High School in Detroit, Michigan, in 1948. See Tr. Vol. III at 6. After graduating from high school, Ms. Pech worked for various employers as a secretary. See id.

In 1952, Ms. Pech joined the State Department Foreign Service, as a secretary. See Tr. Vol. III at 6-7. In the following years, she was assigned to the United States Embassies in India and Ethiopia. See id. at 7. Ms. Pech remained in Ethiopia until April 1956, when she resigned her position to marry. See id. Ms. Pech thereafter lived with her family in Switzerland, Michigan, and Virginia, and was largely out of the work force. See id. at 7-8.

In 1969, Ms. Pech rejoined the work force, as a secretary for Marymount College. See Tr. Vol. III at 8. She returned to the State Department in 1975, and subsequently rejoined the Foreign Service. In 1982, Ms. Pech was transferred to the United States Embassy in Beirut as secretary to the Deputy Chief of Mission. See Tr. Vol. III at 9-10.

On the morning of April 18, 1983, when Ms. Pech first arrived at the Embassy, she spoke with Corporal Robert McMaugh, the Marine on duty at Post 1. Ms. Pech testified, "I looked at him and [said], how are you doing, Bob? [He replied,] Oh, I don't feel too good. I said, oh, you guys are going out too much. And I said, well, maybe it will be a short day. And I will always remember that, because he was blown away... later." Tr. Vol. III at 13.

Ms. Pech spent the morning in her office at the Embassy working and also attempting to make travel arrangements for her son to visit Beirut. See Tr. Vol. III at 13-14. Ms. Pech took lunch at 12:00 in the Embassy cafeteria with Beth Samuel and a few others. See id. at 14. Ms. Pech left the cafeteria at about 12:55, and went to the Embassy's budget and fiscal section to cash a check. See id. at 14-15.

Ms. Pech testified that she had:

[J]ust finished writing the check when everything -- I thought [it] was an earthquake.... And the checkbook fell, and I fell down and something -- we'll never know, I guess a piece of the wall -- hit me, a big large gap across the forehead, and you start bleeding a lot. But very oddly, very calm... [the cashier] helped me up.... Of course, he was spared, being in that little box of his... and we went out in the hall and just kind of stood there. And somebody said, sit down, I think you've lost your eye. Tr. Vol. III at 15.

Once in the hallway, Ms. Pech testified that she saw that the:

Marines were trying to get a Lebanese friend of mine, who had been also in personnel, she had literally been scalped. It was horrible. They were trying to get her out.... And there was a... high metal gate they were trying to get her over and then get us out. We all started kind of lining up, but it jammed.... We simply couldn't get out so easily. And so we were just kind of standing there and bleeding, and most of us, after all, were able to stand, which was something. And one person got very excited, and I just said, please keep quiet, you'll make the rest of us -- and she did. And then... a Red Cross person... came and said, there's another way we can get you out. So just a few of us... decided to go.... [W]e went one floor... down, although the stair, the elevator, everything was very, very bad. But we could get down that flight.... But then we had to jump, oh, maybe three, four feet across to the other building to get to the ladder to go down, and I was just -- I was bleeding. Someone had given me a handkerchief, and I couldn't see at all. I said, I can't do that. I said, it's just too hard. Well, it was either that or not, you know. So I did, and somebody grabbed me and proceeded to go down the ladder just, you know, backwards, just dripping, dripping. And I got to the ground floor and then realized what devastation had happened. Tr. Vol. III at 16-17.

Ms. Pech was immediately "hustled... into [a] taxi" for transport to AUB Hospital. Tr. Vol. III at 17. As the taxi passed the front of the Embassy, Ms. Pech "saw someone hanging from the Embassy and... all the smoke and the debris and the noise." Id. Ms. Pech testified that at the hospital:

Those of us who could walk, we were all in one huge... room, and many people had, you know, glass and stuff like that all around, some bleeding and stuff, and I was bleeding pretty bad. But at some point they gave me something to kind of stop it from dripping.... And finally [they] got to me and... the doctor came and he said, now just lie down and don't move. So they give you nothing. Nothing.... So I said, okay, you know, just lying there, but my leg was jumping in sort of shock, and then someone held it down a bit.... And [the doctor] said in English, oh, if this had been a breath more it would have been very serious. I said, speak Arabic so I don't understand. And he proceeded to sew me up. Apparently, when you're in that shock, you don't feel the pain until later.

Tr. Vol. III at 17-18; see Exh. 41 at 2.

As a result of her injury, Ms. Pech temporarily lost sight in her left eye, regaining it three weeks after the Embassy bombing. See Tr. Vol. III at 23. The injury may have permanently harmed her eyesight in that eye. See id. at 25. In addition to her physical injuries, Ms. Pech lost a number of friends in the bombing. One friend, Mrs. Amal, had planned a party for the Saturday following the bombing. Instead of a party, Ms. Pech attended Mrs. Amal's funeral. See id. at 28-29.

After receiving treatment, Ms. Pech went back to her apartment. See Tr. Vol. III at 19. While Ms. Pech considered herself "tough and always very independent," she was unable to remain in her apartment alone. Id. at 19-20. She called Deputy Chief of Mission Robert Pugh, who picked her up and took her to his apartment. See id. at 20. She remained at Mr. Pugh's apartment for the next several days, helping with the phones and typing up cables listing the names of those killed and injured in the bombing. See id.

Ms. Pech did not have contact with her family until two days after the bombing. See Tr. Vol. III at 21-22. During those days, her family did not know whether she had survived. They had contacted the State Department, but were told only that Ms. Pech had been "accounted for." Id. at 21.

Several days after the bombing, the bodies of the United States citizens killed in the attack were transported back to the United States from the Beirut airport. See Tr. Vol. III at 22. Ms. Pech attended the ceremony in Beirut, recalling:

I had been very, very... what's the word, stoic or something, sort of cold, whatever you want to call it, about this whole thing. But at the airport when the flag-draped coffin goes by, especially of [Robert McMaugh], it was tough.... Especially when I told him it would be a short day. But actually, that was the only time I really had, I believe, showed any real emotion.

Id.

Several weeks after the bombing, Ms. Pech returned to the wreckage of the Embassy. See Tr. Vol. III at 22. She found her checkbook outside the cashier's office, and then went to her office to view the destruction. See id. at 23-24. Ms. Pech was thankful that she was late returning from lunch, and not in her office at the time of the bombing, because the glass from the office windows was sprayed across her desk. See id.

At the end of May 1983, Ms. Pech returned to the United States for home leave, and attended her son's college graduation from the University of Texas. Ms. Pech testified that following the graduation:

[W]e were just sitting there in a little garden, and I had gotten some champagne for the occasion. I think I had about half a glass. Nothing, nothing, nothing was said. There was utterly no reason. I just broke down in tears and felt really bad because this was supposed to be a happy occasion.

Tr. Vol. III at 24. While Ms. Pech believed that she had coped well with the Embassy bombing, she recently learned from a friend that she was "quite a basket case when [she] came back" from Beirut, and was "sharp with people." Id. at 25.

Ms. Pech returned to Beirut in August 1983, against the wishes of her supervisors. See Tr. Vol. III at 25-26. She had no reservations about returning, as she "felt [work] was the best therapy." Id. at 26. Ms. Pech did not seek professional counseling because she believed it would harm her career if people at the State Department learned of her treatment. See id.

Ms. Pech remained in Beirut until the spring of 1984. See Tr. Vol. III at 26. She was sleeping in her apartment when the United States Marine Corps barracks were bombed in October, 1983. While Ms. Pech heard the explosion, she was so accustomed to hearing explosions in the city that she simply took the pillow off her bed and went back to sleep on the floor. See id. at 26-27.

After leaving Beirut in the spring of 1984, Ms. Pech was subsequently posted to the United States Embassies in China, Denmark, and Haiti. See Tr. Vol. III at 29-30. She retired in October 1992, to care for her mother. See id. at 30-31. Since her retirement, Ms. Pech has worked periodically as a secretary for the State Department. See id.

Ms. Pech agreed to participate in the litigation because:

[A] friend of mine, Dan [Pellegrino]... called me and said, Dorothy, we should do this. And I said, I don't believe in litigation. But then thinking about it... I said, well, okay.... Why did I do it? We all like to be idealistic, I guess, but I'm kind of a nonviolent person, you know, the Martin Luther King way. And I thought, well, if this gets them in their pocketbook, that's fine, too. Maybe that's just the way to show them without shootings and killings... that, hey, you keep this up, you're going to be out an awful lot of money. And that was the purpose of it.

Tr. Vol. III at 32.

D. Rayford Byers

Plaintiff Rayford Byers was assigned to the U.S. Embassy in Beirut as a Chief Warrant Officer 3 with the U.S. Army's Mobility Training Team. See Tr. Vol. III at 38-39; see also Exh. 42. Mr. Byers was born September 9, 1944 in Crobyston, Texas, and is a United States citizen. See Tr. Vol. III at 33. Mr. Byers married his wife, Arnesia, in 1966, and has two children -- a son, Terry, and a daughter, Angela. See id. at 34. He presently resides in Lawton, Oklahoma. See id. at 33.

Mr. Byers graduated from high school in Flaton, Texas, in 1962, and attended Texas Tech University for two years. See Tr. Vol. III at 34. Mr. Byers left Texas Tech in July 1964 to join the U.S. Army, enlisting as a Private. See id. at 34-35. After basic training, Mr. Byers was posted to various locales, including bases in the United States and Germany. He also served two tours in Vietnam. See id. at 35-38. In the military, Mr. Byers became specialized in several areas, particularly automotive maintenance. See Tr. Vol. III at 35. By 1981, Mr. Byers had risen to the rank of Chief Warrant Officer 3. See id. at 38.

In the early spring of 1983, Mr. Byers was sent to Beirut for a temporary duty assignment with the Mobility Training Team. See Tr. Vol. III at 40, 41. On the morning of April 18, 1983, Mr. Byers and his team went on maneuvers with the Lebanese Army. See Tr. Vol. III at 42-43. The team returned to the Embassy at approximately 11:00, for their scheduled lunch hour. See id. at 43. Mr. Byers asked a team member to order him a ham sandwich from the cafeteria, while he went to the ticket office on the Embassy's fifth floor to make preparations for the team's return to the United States. Id. at 43-44.

While in the ticket office, Mr. Byers heard a "large explosion." Tr. Vol. III at 44. He ran out of the office, and was thereafter blown out of a fifth story window by a second explosion. See id. He landed on a pile of debris, including a metal fence with arrow-shaped stakes designed to prevent intruders from scaling the Embassy. See id. at 45. One of the stakes pierced Mr. Byers' left eye, exiting out the back of his skull. Another stake pierced his hand. See id. at 45-46.

After being blown out of the window, Mr. Byers remembers very little, as he fell in and out of consciousness. See Tr. Vol. III at 45-47. He recalls "hollering and screaming" for help. Id. at 45-46. A young Lebanese boy heard his cries and brought rescue workers to his aid. See id. The rescue workers extricated Mr. Byers from the rubble and transported him to the AUB Hospital. See id. Mr. Byers could vaguely hear his rescuers discuss the seriousness of his injuries and whether to transport him to AUB Hospital, or a U.S. military ship stationed off-shore, for treatment. See id. at 46-47.

At AUB Hospital, Mr. Byers remembers saying, as a nurse tried to take off his boots, "whatever you do, please don't pull my boots off, please don't pull my boots off." Tr. Vol. III at 47. Mr. Byers objected to the nurse's actions "because you don't pull a soldier's boots off." Id. After Mr. Byers' injuries were assessed, he was taken into surgery. During surgery, Mr. Byers was twice pronounced dead. See id. at 49-50. He fell into a coma after surgery, and did not wake up until four or five days later. See id.

When Mr. Byers awoke from his coma, he was in a great deal of pain from his injuries, which included: a crushed skull; the loss of his left eye; two broken collar bones; fourteen broken ribs; two broken arms; a twisted back; injuries to his legs and knees; internal bleeding; nerve damage in his hands and hips; broken fingers; and a puncture wound to his left hand from the fence spike. See Tr. Vol. III at 47-50. Mr. Byers knew he was in a hospital when he awoke, but did not know the cause of his injuries. See id. at 50. His doctors and nurses told him that the Embassy had been bombed and that many people were injured and killed. See id. at 52. A special forces major from the United States military later informed Mr. Byers that members of his training team had all been in the Embassy cafeteria at the time of the attack, and were among those killed. See id.

Several days after the bombing, Mr. Byers' wife and son traveled to Beirut. See Tr. Vol. III at 50; Exh. 42 at 3. While Mrs. Byers thought that Mr. Byers would survive his injuries, Mr. Byers felt that he "would never be normal anymore... [and] didn't think [he] was going to live through it at all."

Tr. Vol. III at 51.

While at AUB, Mr. Byers feared for his safety. See Tr. Vol. III at 51-52. He believed that the persons responsible for the Embassy bombing would "come back and finish the job," i.e., kill him. Id. at 52. Mr. Byers asked hospital officials to let his wife remain at his bedside around the clock, but they denied the request. See id.; see also Vol. II at 58-59 (Dr. Larry Pastor testifying that fears and anxieties connected with anything related to circumstances of bombing are among first symptoms of trauma among those severely injured in an attack).

Approximately ten days after the bombing, Mr. Byers was transported from AUB Hospital to the U.S. military hospital at Wiesbaden, Germany. See Tr. Vol. III at 54-55. While at Wiesbaden, Mr. Byers received dental work and some other minor treatment. See id. at 54. Because Mr. Byers had not yet been able to move his legs, he believed he was paralyzed. See id. at 54-55. That possibility made Mr. Byers "wan[t] to die." Id. at 55. Mr. Byers testified that "I was always a family man, and I didn't want to be hampering my family. I didn't want to be where someone would have to take care of me the rest of my life, so I'd have been better off being dead." Id.

Mr. Byers was transported from Wiesbaden to Andrews Air Force Base, and from there to Darnell Army Hospital in Fort Hood, Texas. See Tr. Vol. III at 56. He received in-patient care at Fort Hood for approximately two weeks, and then received outpatient care for approximately two and a half years. See id. During this time, Mr. Byers continued to suffer pain from his injuries. See id.

At Fort Hood, Mr. Byers underwent surgery to repair injuries to his arms, hands, and collar bone. See Tr. Vol. III at 57. Mr. Byers underwent therapy to relearn how to walk, think, and write. See id. He did not begin walking again until early 1984, and did not begin writing again until approximately six months later. See id. at 59-60. He also underwent psychiatric counseling for approximately a year. See id. at 57.

Mr. Byers returned to active duty at Fort Sill, Oklahoma, in 1984. See Tr. Vol. III at 58. He retired from the military on August 5, 1984, after serving over twenty-one years. See id. Mr. Byers had originally planned to retire from the military after thirty years of service, in order to see his children through college. See id. at 59. He retired early because he felt that he was "physically unfit for the military." Id.

Mr. Byers remained in the Fort Sill area upon retirement, but was unable to secure immediate employment due to his injuries. See Tr. Vol. III at 59. He ultimately obtained a civilian job as a records clerk with the Artillery Board at Fort Sill in 1985. See id. at 60. Mr. Byers remained in this position until 1990, when he began working as a Military Pay Clerk at Fort Sill, where he is employed today. See id. at 61. Mr. Byers also returned to college, and graduated in 1988 from Cameron University in Oklahoma with a major in Sociology and a minor in Military Studies. See id. at 60-61.

The Embassy bombing continues to impact Mr. Byers' life. For eighteen years Mr. Byers commemorated the Embassy bombing by going to church on April 18 to "thank the Lord for being here, still being alive." Tr. Vol. III at 55. He is still under a doctor's care for the injuries he received in the Embassy bombing. See id. at 61-62. Mr. Byers recently underwent a procedure that restructured his left eye socket, and received a new prosthesis for the eye. See id. at 62. The loss of Mr. Byers' left eye in the Embassy bombing, combined with diabetes-related deterioration of vision in his right eye, prevents Mr. Byers from driving at night. See id. Mr. Byers continues to suffer pain from his injuries, including pain associated with rheumatoid arthritis and recurrent headaches. See id. at 56, 62, 63. In total, Mr. Byers takes eighteen pills a day for various bombing-related ailments, including Dilantin (to prevent seizures), Motrin (to control pain), and Naprelan (for arthritis). See id. at 56, 63.

In addition to his physical symptoms, Mr. Byers continues to suffers from nightmares which began shortly after the Embassy bombing. See Tr. Vol. III at 64. In his nightmares, Mr. Byers relives the experience of the Embassy bombing. See id. at 64-65. Events such as the Oklahoma City bombing, the 9/11 terrorist attacks, and the recent war in Iraq contribute to his psychological trauma. See id.; see also Tr. Vol. II at 64-65 (Dr. Larry Pastor testifying that events such as Oklahoma City bombing and events of September 11, 2001 may trigger memories of underlying trauma and bring onset or recurrence of psychological symptoms of trauma or PTSD). In part because of the nightmares, Mr. Byers is currently seeking psychiatric treatment. See Tr. Vol. III at 65.

Mr. Byers testified that he decided to participate in the lawsuit because:

I'm not the same person as I was before this happened to me, and I know I'll never be the same person that I was. And I had high hopes and high things for my family that I won't be able to do for them, provide for them, so it affected me in many ways, and my family also.... I don't dislike or hate anybody, but if I think somebody would come and do something like what they did to me and my other fellow Americans, they deserve to pay for it. I'm left as -- I'm basically an invalid. People look at me and say, well, you look perfectly normal. I'm not normal. By no shape, form or fashion am I normal. Anybody have to take the medication I take and bear the pain that I bear every day, you're not normal.

Tr. Vol. III at 66.

The economic damages suffered by Mr. Byers are set forth in the expert report of Steven A. Wolf. See Exh. 39 at 22 and Tab 7.

E. Robert Essington, Sr.

Plaintiff Robert Essington, Sr. was posted to the U.S. Embassy in Beirut as the General Services Officer with the U.S. Department of State. See Tr. Vol. III at 77; see also Exh. 43. Mr. Essington was born May 28, 1945, in Wausau, Wisconsin. See Tr. Vol. III at 68. He is a United States citizen. See id. at 69. Mr. Essington married his wife, Judith, in 1967, and has two children, a son Robert Jr., and a daughter Renee. See id. at 69. Mr. Essington presently resides in Sterling, Virginia. See id. at 68.

Mr. Essington graduated from the University of Wisconsin in Milwaukee in June 1967, with a Bachelor's of Science Degree in History, English and Military Science. See Tr. Vol. III at 69. Upon graduation, Mr. Essington was commissioned in the Army as a Second Lieutenant. See Tr. Vol. III at 69. Mr. Essington's subsequent postings included tours in the United States and Vietnam. See id. at 69-70. During his time in the military, Mr. Essington specialized in investigations. See id. at 70. He left the military in September 1975. See id. at 70-71.

After leaving the military, Mr. Essington held various jobs, including car salesman and credit collector. See Tr. Vol. III at 71. He joined the Department of State as a security officer in September 1976. See id. In November 1979, Mr. Essington assumed the position of an administrative officer. See id. Between 1976 and 1982, Mr. Essington was posted in Washington, D.C. and Pakistan. See id. at 71-72.

In September 1982, Mr. Essington was transferred to the Beirut Embassy as a Senior General Services Officer. See Tr. Vol. III at 72, 77. On April 17, 1983, Mr. Essington, along with a number of other Embassy personnel, participated in the Beirut marathon, which he completed in four hours and two minutes. See Tr. Vol. III at 73-74. That evening, he dined with Embassy friends, including Kenneth and Allison Haas and James and Monique Lewis.*fn9 See id. at 74.

On the morning of April 18, Mr. Essington arrived at the Embassy at 6:30 a.m. See Tr. Vol. III at 75. He worked in his office most of the morning, finalizing purchasing contracts, and travel and hotel arrangements for various individuals. See id. When the bomb exploded, Mr. Essington was in his office, which was located above Marine Post 1. See id. He was standing behind his desk, with his back to the windows, while speaking to his secretary, Huda Shweri. See id. at 75-76. He heard a loud noise, like a "clap of thunder," and the "next thing [he] knew... [he] was on the other side of his desk." Id. at 76. Mr. Essington testified:

I bent backwards [over the desk] because my thighs caught the desk. So [I] was sort of [in] a reversed U [position when I was blown over the desk]. So it put a lot of pressure on my back, but I landed on my face after I had gotten blown over. And my glasses had gotten blown off. And as I was lying there, it was a hard time breathing because I think [I] probably had the wind knocked out of me or something when I hit the floor. And then the only thing I remember -- the next thing was Huda screaming and yelling, Mr. Essington, Mr. Essington, you know, here's your ear! And she was holding my ear in her hand. My ear had gotten severed, and I really hadn't noticed it. So I picked myself up off the floor, [and] basically took my ear....

Id. at 76-77. In addition to his severed ear, Mr. Essington noticed that he was bleeding, and felt pain in the back of his neck and head from embedded glass. See id. at 77-78.

After collecting his ear, Mr. Essington and his secretary went into the hallway, and found that his office was immediately adjacent to the portion of the Embassy that had collapsed as a result of the blast. See Tr. Vol. III at 78. Mr. Essington found an injured member of his staff in the hallway. See id. at 78-79. He then led the injured man and his secretary down a back stairwell, over the roof of the garage, and down a ladder to the ground. See id. at 79.

When he reached the ground, Mr. Essington was transported via taxicab to AUB Hospital. See Tr. Vol. III at 79. A doctor sewed his ear back on, without anesthesia, and removed some of the glass from his body. See id. at 79-80. He received over 400 stitches. See id. at 80; see also, e.g., Exh. 43 at 2. At this time, Mr. Essington was in "tremendous pain [and also] had a tremendous ringing in [his] ears." Tr. Vol. III at 80.

After receiving treatment, Mr. Essington returned to his apartment to change clothes. See Tr. Vol. III at 80-81. He then returned to the Embassy, and assisted in recovery efforts. See id. at 81. Of this experience, Mr. Essington testified:

I think that was the first time that I noticed -- between the slabs... an individual... which was Frank Johnston, and I had heard with some of the people who were standing there that a doctor from the Navy... had gone up to -- I guess when he first went up he was alive, but there wasn't much left below his waist. I guess he gave him a shot to put him out of his misery.... And after that... they were trying to find Bob McMaugh, who was the Marine on duty [at Post 1]... [a]nd I saw them bring him out, and he didn't look dead. I mean, he looked a little flatter, a little thinner than he was, but other than that, he didn't look like he was dead.... [After that] we basically started to sift through a lot of the rubble to find classified materials and also trying to find other bodies of people who had been killed or if there was anybody still alive.... We found... Jim and Monique Lewis, who we presumed had probably just come up from the cafeteria.... When we found them, they were laying there holding hands. But there again, they didn't look dead. And then a little later, Phyllis Faraci was found... and the doctor said they probably suffocated more than anything else.... Of course, having been out with them the night before, it was kind of hard to take. Id. at 82-83.

Mr. Essington participated in the recovery effort until approximately two or three o'clock the next morning, when he went home to rest. See Tr. Vol. III at 83. When Mr. Essington returned to the Embassy later that day, U.S. Ambassador to Lebanon Robert Dillon and Deputy Chief of Mission Pugh asked him to locate space where the Embassy could temporarily operate, and to gather the necessary supplies. See id. at 83-84.

On April 18, 1983, Mr. Essington's wife learned of the attack through a television news report. See Tr. Vol. III at 84. She contacted the State Department, but was told only that Mr. Essington was "accounted for." Id. She did not learn that her husband had survived until she saw pictures of him, injured but alive, on the ten o'clock evening news. See id. at 84-85.

Mr. Essington returned to the United States for leave in May 1983. See Tr. Vol. III at 85. Because he was experiencing back pain, hearing loss, and difficulty swallowing, Mr. Essington underwent a physical examination. See id. Testing indicated that Mr. Essington had herniated the L3, L4, L5 and S1 disks in his back and that there was glass embedded in his back, neck and head. See id. Further examinations showed that his hearing loss was caused by tinnitus, and his difficulty swallowing was caused by a hiatal hernia. See id. at 85-86. The only treatment Mr. Essington received at that time was removal of the stitches that he had received at AUB, and removal of additional glass from his body. See id. at 86.

In September 1983, Mr. Essington returned to Washington, D.C. from Beirut, where he remained until 1989. He was thereafter posted to Abu Dhabi (1989-1990), Washington, D.C. (1990-1993), and South Africa (1993-1996). See Tr. Vol. III at 96, 97, 100. In June 1996, Mr. Essington became the Area Management Officer in the Office of Foreign Buildings for the Near East Asia Bureau of the State Department, based in Washington, D.C. He retired from that position in September 2001. See id. Since his retirement, Mr. Essington has worked for the Washington Field Office for Diplomatic Security, as a contractor for the State Department. See id.

From 1983 until the present, Mr. Essington has suffered from the physical and psychological injuries caused by the Embassy bombing, and received extensive treatment for those injuries. These include: (1) tinnitus (incurable, persistent ringing in the ears); (2) the continued effects of some 500-600 pieces of embedded glass, approximately 200 pieces of which have either worked their way out of Mr. Essington's body or required periodic removal; (3) a hiatal hernia (which causes acid reflux and requires Mr. Essington to sleep on his back in an elevated position); (4) herniated disks; and (5) psychological trauma. See generally Tr. Vol. III at 86-89.

The pain related to herniated disks has been quite severe. From 1983 to 1989, Mr. Essington attended approximately 80 chiropractic sessions to relieve this pain. See Tr. Vol. III at 89-90. In August 1989, Mr. Essington fell, and immediately felt searing pain in his back. See id. at 90. Testing determined that the herniated disks were close to rupturing, and doctors prescribed an epidural injection to relieve pain. See id. Immediately thereafter, Mr. Essington was posted to the United States Embassy in Abu Dhabi. While in Abu Dhabi, the pain worsened, atrophy set in to Mr. Essington's right leg because of trauma to his sciatic nerve, and Mr. Essington was forced to use a cane to walk. See id. Doctors prescribed extensive physical therapy and another epidural injection to relieve pain. See id. In March 1990, when Mr. Essington returned to the United States for treatment, tests showed that the herniated disks had completely ruptured, with Mr. Essington undergoing surgery involving a fusion of his L3, L4, L5 and S1 vertebrae. See id. at 91. By April 1990, the pain had not subsided, and doctors prescribed additional pain medication and physical therapy. See id. The pain never subsided, and a second fusion surgery was conducted in July 1990. See id. From that point until 1992, Mr. Essington took Percoset to control his pain, although it did not completely relieve it. See id. By December 1992, the pain again became severe. In April 1993 Mr. Essington underwent a third surgery, wherein several of his vertebrae were replaced with artificial disks, his spine was fused at the L3, L4, L5 and S1 vertebrae, and steel rods were placed in his back. See id. at 92. In 2000, the pain worsened, and tests indicated that Mr. Essington's sciatic nerve had begun to grow into the steel rods placed in his back. Doctors prescribed methadone and oxycontin, which Mr. Essington became addicted to. See id. at 91-92. In February 2002, Mr. Essington underwent a fourth surgery, during which a dorsal column stimulator was implanted in his back. See id. The stimulator is an electronic device which controls pain; Mr. Essington will live with the device for the remainder of his life. See id. at 93-94; Exh. 43 at 3.

Mr. Essington's psychological injuries have also been pronounced. In 1993, while posted to South Africa, Mr. Essington experienced a "breakdown" in response to the Oklahoma City bombing. See Tr. Vol. III at 97-98. Mr. Essington stated that upon seeing the images, he "cried right there. Didn't want to go to work, didn't want to do anything" and experienced nightmares wherein he relived the Embassy bombing. Id. *fn10 As a result, Mr. Essington received psychiatric counseling. See id. at 98.

Mr. Essington stated that he decided to participate in the lawsuit because: The State Department has always been reluctant to admit who did it, and whether they will ever admit the Iranians did or not, I don't know.... I guess I'm like Ray [Byers]; I'd like to see somebody suffer financially... the Iranians, I think, should suffer financially for what they've done throughout the years and the act of terrorism. Tr. Vol. III at 102.

The economic damages suffered by Mr. Essington are set forth in the expert report of Steven A. Wolf. See Exh. 39 at 27 and Tab 9.

F. Charles Light

Plaintiff Charles Light was a Sergeant in the Marine Security Guard contingent assigned to protect the Beirut Embassy. See Tr. Vol. IV at 7-8; see also Exh. 44. Mr. Light was born January 26, 1950 in Hobbs, New Mexico, and is a United States citizen. See Tr. Vol. IV at 3. Mr. Light has two children from a previous marriage, a son Michael and a daughter Laura, and a son Kiel, from his current marriage. See id.

Mr. Light graduated from Sulfur Springs High School in Sulfur Springs, Texas in June 1968, and thereafter enlisted in the United States Marine Corps. See Tr. Vol. IV at 4. After several initial postings and training, in June of 1969 Mr. Light reported to Vietnam. See id. Mr. Light served in Vietnam for thirteen months, during which time he received a number of commendations, including four Purple Hearts, Meritorious Service Medals, the Vietnamese Cross of Gallantry, and a Bronze Star II. See id. at 5, 8. In August, 1970, Mr. Light was discharged from the Marine Corps: "I guess I'm like a lot of guys. I'd seen more than I wanted to see of death and carnage, and I thought it was time to go back home." Id. at 5.

After leaving the Marines, Mr. Light worked with the Standard Oil Company of Indiana in Longview, Texas, as an automated field technician. See Tr. Vol. IV at 5. Mr. Light's salary with Standard Oil was about four times more than his salary as a Marine. See id. at 6. Mr. Light remained with Standard Oil for nine years, from approximately 1970 through 1979. See id.

In 1979 Mr. Light, motivated by the 1979 takeover of the United States Embassy in Tehran, Iran, re-enlisted in the Marines. See Tr. Vol. IV at 6. Mr. Light reported for duty in February 1980, spending the first year and a half at Camp Lejeune, North Carolina training combat troops. See id. at 6-7.

After approximately a year and a half at Camp Lejeune, Mr. Light's commanding officer recommended him for Marine Security Guard ("MSG") School. See Tr. Vol. IV at 7. Mr. Light reported to MSG School in Quantico, Virginia in May 1982, and trained for approximately two months. See id. After this initial training, Mr. Light learned that he had been selected to go to Beirut, Lebanon.

Shortly before he left for Beirut, Mr. Light accepted an invitation from Corporal Robert McMaugh to have dinner with his family. See Tr. Vol. IV at 8. Of this dinner, Mr. Light recalls, "I... went over there to try to ensure his family that I would be bringing his son back to them and I would be taking care of him. And it didn't work out that way." Id.

Mr. Light arrived in Beirut in late August-early September of 1982. See Tr. Vol. IV at 8. On the morning of April 18, 1983, Mr. Light was preparing his troops for an inspection. See Tr. Vol. IV at 10-11. Mr. Light left his office and stopped by Marine Post I, where Corporal McMaugh was standing post. See id. Mr. McMaugh indicated that he was not feeling well, and Mr. Light responded that he would have Jacques Massengill relieve him in 30 minutes. See id. Mr. Light then returned to his office, which was on the front of the Embassy approximately forty feet away from Marine Security Guard Post 1, and was shining his boots when the bombing took place. See id. at 11-12. As Mr. Light testified:

Well, [the blast] knocked me out. The blast. As you can see, that embassy is sort of a half moon shape, and on the back of the embassy was a V-shaped retaining wall. It was very tall in places. The blast evidently had gone through and hit that retaining wall and then came through a window that was next to me, picked me up and blew me through a cinder block wall into the next office. And then the cinder block ceiling fell on top of me, and I woke up in that situation, probably six, seven minutes after the initial blast....

There was probably a million tons of debris floating in the air; and I took a breath and it coated my throat, and I thought I was choking to death. In fact -- but luckily, as I was going to my knees, my head went below the strata of the debris, and I took a breath; and that's the first time I looked around and noticed that the building was no longer the one I thought I was in a few minutes ago, you know....

The RSO, regional security officer's armory had gone up in smoke, and all the CSCN, all the gas was cooking off and it was burning, you know. A few days later, in fact, all the skin on my eyeballs peeled off like a sunburn. Rounds were popping off, were cooking off, what we call in the Marine Corps cooking off, and rounds were going off everywhere you looked.

Id. at 12-13. A breeze then blew through the bombed Embassy, blowing away the dust and chemicals. See id. at 13. When Mr. Light stood up, he realized that his shoes had been blown off. See id. He also realized that the desk where he had been sitting -- and which had taken seven men to move into his office -- had been reduced to splinters. See id.

The next thing that Mr. Light recalled was the chaos of the situation:

And I'm standing in the rubble anywhere from sofa size to grain particles. There's reinforcement bar everywhere. The place is on fire, the gases as I described before, and rounds popping off. And then my hearing came back to me, because it just about deafened me. And I started hearing screams and moans and pleas for help, and then I heard the Lebanese sirens and all that kind of business going on all at one time. It was absolute chaos. It was crazy.

Tr. Vol. IV at 14. At that point, Mr. Light still was not entirely clear where he was, and could not orient himself, "because the only things [left] standing were the 12-by-12 concrete pylons," partially supported by re-bar. See id. Mr. Light was also in "serious pain" at this point, testifying, "I suppose the window that was next to me had sort of vaporized into tiny, tiny particles of, you know, like hair filaments of glass, and it had penetrated through this arm and across this [part of my] face. And I had a serious problem with my neck, and it crushed this thumb here; and then part of my hip and then my feet, of course, were bleeding by now." Id. at 14-15.

Mr. Light began to make his way towards what he assumed was the front of the Embassy. See Tr. Vol. IV at 15. As he did so, he heard a woman screaming. As Mr. Light testified:

This woman had been sitting at her desk in the consular's section, and she was almost directly above the blast. And it had blown her face off of her head to where the only thing holding her face on was this part of her skull here and then the face had flopped back down on top of her face. So she had jagged scars and she was bleeding profusely.... She was in bad shape.

Id. at 15-16. When Mr. Light got to this woman he "lied to her" and, as he recounted, "I told her I was going to get her out of that embassy and that I knew exactly how to do it. And I had no idea how to get out of that embassy. I didn't know where I was at, I didn't know what I was going to do, but I held her for a minute and tried to comfort her." Id. at 16. As he looked towards the front of the building, he saw a v-shaped opening, about a foot and a half tall and two and a half feet wide, with flames coming from the other side. See id. at 16. He also, upon looking through the opening, saw a flaming vehicle, and a human leg, lying in the driveway. See id. Mr. Light then grabbed the woman, stood with her under water running from the upper floors of the Embassy until they were wet, and crawled through the opening and pulled her through behind him. See id. They emerged into the circular driveway running in front of the embassy.

Mr. Light led the woman he had rescued out into the street, where he noticed that the gates and flag poles around the embassy had been "blown to pieces," and that cars parked in front of the embassy had been blown into the street. Tr. Vol. IV at 17-18. He also noticed that "[t]here were bodies floating in the Med[iterranean]; there were bodies floating everywhere you looked; there were bodies on fire." Id. at 18. Once he had reached the Corniche, he hailed a cab to take the woman to the hospital. See id. The cab driver, upon seeing Mr. Light, put his car into reverse, whereupon Mr. Light "pulled [his] weapon on him and forced him to come up." Id. After pulling out a wad of Lebanese cash and helping the woman to get inside, he told the driver "mostashfa," or hospital. Id. He then, as he testified, "turned around to look at that embassy, and that was the first time that I got a panorama shot of the place.... My first impression was that we were in deep trouble, that we had been hit. I didn't know that it was a car bomb, but I knew that something horrible had happened to that embassy." Id. He was particularly struck by the collapsed center floors of the Embassy, realizing that he had heard them fall as he was lying in his office immediately following the explosion. See id. at 18-19.

After looking at the Embassy, Mr. Light ran towards the entrance to the consular section because he wanted to check on the condition of the Marines that he had posted there. Tr. Vol. IV at 19. While the stairs had been mostly blown out Mr. Light was able, using the remaining stairs and a pile of rubble, to enter the second floor. See id. Once he got into the consular section's waiting room, he saw one of his sergeants, whom he described as "pretty messed up," denying access to the room to "a hysterical Lebanese man," whose daughter had been in the waiting room, and who, as it turned out, had been killed in the bombing. Id. As he continued to make his way through what had been the consular section, he came upon a crater of rubble:

And I looked down and I saw a lady that had been blown up, but she had been blown through the air. And in an oddity of some magnitude like this, you know, her legs had actually been thrown into a filing cabinet, open filing cabinet. And the force of her body had slammed her into that filing cabinet and slammed that door and crushed her inside that filing cabinet. And she was hanging from that filing cabinet, but she was still alive. It was a pretty deep hole there, and it opened off down into the street -- or not to the street but, you know, a good little fall of maybe 10, 15 feet. So I had a Lebanese Red Cross worker, male, that was there grab me by the belt and held [sic] on to me while I reached in there. And I pulled that drawer open and took that lady out of that drawer. And she -- of course, her legs and everything were broken and crushed, and her right hand had been blown off with only a piece of meat, skin holding her hand on. And her breast was blown off, and her face had been hit by what looked like buck shot. Anybody in here that's ever been a hunter, looked like powder burns, but it had blown most of her facial features off.

And she was talking to me, talking to somebody in Lebanese. And I held her and -- I held her there until she died, and then I put her down and went on inside the embassy. Id. at 20-21. Mr. Light then ran back to his office, found his handheld radio, and started trying to contact his Marines. See id. at 21. He and available Marines then went to the Embassy's sixth floor communications center to help Faith Lee secure the communications site, which contained classified information. See id.

After securing the communications site, Mr. Light began working on the "digging detail," which he described as follows:

There were so many people in that embassy that, you know, it's easy to say killed and wounded, but the wounded were traumatic amputations. And there was so many people that lost their hands and fingers and parts of their bodies, and we had Marines that were with the Marine Amphibious Unit off the coast of Beirut that came in. And we gave them buckets, and their mission was to pick up all the body parts that they could. The backhoes would come in and pick up a load of rubble; and then they would slowly sift it to the ground, and if you saw a body part, you had to retrieve it. And then this load was put on a truck, the truck was taken out to the dump grounds and dumped where we had another detachment of Marines going through it again. Despite his own injuries, Mr. Light worked twenty-two straight days, in 20 hour shifts, on the detail. Tr. Vol. IV at 23.

Mr. Light first sought treatment for the injuries he had suffered in the Embassy bombing in late June, about two months after the attack. See Tr. Vol. IV at 24-25. He went to the headquarters of the Battalion Landing Team ("BLT") -- the same Marine detachment at the Beirut Airport that would be bombed later that year, and was sent from there on a small boat to an amphibious warship anchored off the shore of Lebanon, where an orthopedic surgeon examined Mr. Light and found that he had crushed the C4 and C5 vertebrae in his neck. See id. at 25. Soon thereafter, in late July, Mr. Light left Beirut. See id.

After leaving Beirut, Mr. Light reported to Bethesda, Maryland, where he was put on physical therapy for approximately one month before his crushed vertebrae were operated on. See Tr. Vol. IV at 26. In October 1983, a C4-C5 fusion was performed on Mr. Light, using a bone harvested from Mr. Light's right hip and titanium wire to fuse the vertebrae. See id. at 26-27. Mr. Light remained in the hospital for only two days following this operation, as "the BLT was destroyed; and they were bringing in a lot of patients, and they needed the space for them." Id. at 27. Thus, in an ironic twist, Mr. Light was released prematurely from the hospital to make way for victims of the October 1983 bombing of the Marine barracks in Beirut. See id. While Mr. Light explained to doctors at the time that he had been injured in the April 18, 1983 Embassy attack, "[i]t didn't make a difference," in terms of his early release. Id.

After Mr. Light was released from Bethesda, he was placed in a neck brace, put on six months limited duty, and transferred to the Medical [Hold] platoon at Quantico, Virginia. See Tr. Vol. IV at 27. He was thereafter sent to an interrogator/translator platoon at Camp Lejeune, North Carolina, and, in early 1984, to the Defense Language Institute to study Arabic. See id. at 27-28. After a year and six weeks of Arab language study, Mr. Light was sent on two "floats" with Marine Amphibious Readiness Groups, the first with the 24th Marine Expeditionary Unit, and the second with the 26th Marine Expeditionary Unit. See id. at 28. Mr. Light returned from the second tour in the spring of 1989. See id.

During the six years between the Beirut Embassy bombing and the end of his second "float," Mr. Light had been experiencing "serious pain." Tr. Vol. IV at 29. He turned to various substances for relief, testifying, "I did crawl into a bottle. I believe it was Southern Comfort for about three years. I drank myself silly for about three years." Id. at 29. When asked why he "drank himself silly," Mr. Light responded:

First off, it did have an effect. It did help the pain. And second of all, I was trying toI guess I was feeling sorry for myself, actually. I was thinking about Beirut and the things that I'd seen. There were several people in that embassy that I actually loved. I mean, there were some Lebanese men in that embassy that was like my father, and they were vaporized on the ground floor. And then that lady in the filing cabinet. And then, you know, I stepped outside the embassy; and I see Anne Dammarell coming out on a stretcher, and it didn't look like she was going to make it.

You know, just things like that that will eat on you after a while. So I took the easy way out, I suppose. I drank myself into oblivion for a few years.

Id. at 29. Mr. Light's wife Fadia, whom he had met in Beirut, convinced him to stop drinking by threatening to leave him. See id. at 30.

After completing his "floats," in 1989 Mr. Light reported to Cairo, where he still experienced pain from the injuries he had suffered in Beirut. See Tr. Vol. IV at 30. In Cairo, the United States Embassy doctor was "shooting [him] up with steroids," and Mr. Light found a Yugoslavian acupuncturist to administer treatment when the Embassy doctor reached the legal limit on the amount of steroids that he could administer. Id. at 30-31. While the acupuncture helped, Mr. Light stopped the treatments after three sessions when the government refused to pay for any more. See id. at 31. The three sessions cost a total of $900. See id.

After three years in Cairo, Mr. Light spent the next five years as the noncommissioned officer in charge of the interrogator/translator platoon at Camp Lejeune, North Carolina. See Tr. Vol. IV at 31. In 1997, he received orders to go to Okinawa as the intelligence chief of the 3rd Marine Expeditionary Force, where he was in charge of intelligence operations encompassing some 4,000 men. See id. While in Okinawa, he continued to experience pain from his Beirut injuries. Id. at 32. Neurosurgeons in Okinawa did another procedure on Mr. Light, during which they discovered that the original fusion had collapsed, and which they repaired. See id. Mr. Light's pain did not diminish and, after testing revealed that this second fusion had collapsed, doctors did a third fusion, this time harvesting bone from Mr. Light's left hip. See id. The neurosurgeons in Okinawa then decided that Mr. Light needed specialized care, and arranged for him to be transported to the Bethesda Naval Hospital to have yet another operation, during which titanium plates were installed on the inside of Mr. Light's neck. See id. at 32-33. As a result, Mr. Light testified, "[m]y spine was sandwiched in titanium plates bolted to my spine." Id. at 33. Only two days after this surgery, Mr. Light was put on a commercial flight back to Okinawa. See id. at 33. When he arrived in Okinawa, Mr. Light testified that he "was in so much pain that [he] couldn't stand it." Id. Further tests revealed that the doctor who had put the plates in Mr. Light's neck had put in screws that were twice too long, and had screwed them into the nerves of Mr. Light's spine. See id. Mr. Light was placed on a commercial flight back to Bethesda where his wound was reopened, the original screws taken out, and new screws put in. This time, Mr. Light was permitted to recuperate for 10 days. See id. As was the case with his previous surgeries, following this last operation, Mr. Light had to wear a neck brace for the next ninety days. See id. at 34.

Mr. Light continues to suffer pain from the injuries suffered in the 1983 Beirut Embassy bombing, describing the pain as follows:

[I]t's a sharp, stabbing pain in my neck. It radiates through my shoulders. It still continues to cause migraine headaches, serious migraine headaches, and it's constant. And the Veterans Administration has rated me at an 80 percent disability and has determined that there's never going to be any more operations on me. So they've got me into pain management, and they're prescribing drugs for me for the pain. Tr. Vol. IV at 33-34. He takes a variety of medications to control the pain, testifying, "I take six oxycondins [sic], maybe 12 tramadols, six or eight amocrystalline. There's six or seven tenzanadine, and there's several more that I quit taking because of the side effects. But I take 25 to 30 pills a day." Id. at 34.

Mr. Light rotated from Okinawa back to the United States in 2000 as a Master Gunnery Sergeant, E-9. See Tr. Vol. IV at 34-35. While this is the highest rank attainable as an enlisted man in the Marine Corps, Mr. Light feels that he would have achieved that rank earlier were it not for his injuries, noting that"the Marine Corps is very stringent on physical fitness." Id. at 35. In July 2001, Mr. Light retired from the Marine Corps. See id. After spending a year working for a defense contractor, Mr. Light joined the U.S. State Department as a GS-13 level security specialist. See id. at 35-36.

Mr. Light's current career is not the one that he anticipated, and was, in his opinion, directly impacted by the injuries suffered in the Beirut Embassy bombing. See Tr. Vol. IV at 37. As Mr. Light testified:

I wanted to be a carpenter, I wanted to be -- I wanted to restore antique vehicles and things of that nature, but I can't do anything that's very physical anymore. So I have to rely on jobs where I can use my mind and use a computer and use, you know, that kind of thing. So I can't work physical labor very well.

Id. at 37. He had also anticipated going back to the oil industry after his second enlistment in the Marines ended in 1983, noting that he was making more money in 1970 as an oil field worker that he was making when he retired from the Marine Corps as a Master Gunnery Sergeant. See id.

In the years since the Embassy bombing, Mr. Light never sought counseling, noting "I just never -- was just raised that -- I just don't believe in counseling. I think a man should be able to do it himself, even though I'm probably wrong." Tr. Vol. IV at 36. Certain terrorist acts, such as the Oklahoma City bombing, and the World Trade Center attacks, "shock" him "back to 1983, just like that," id., as do certain loud noises and smells. Id. at 36-37; see also Tr. Vol. II at 54 (Dr. Larry Pastor testifying that "a sound or a smell or a certain cue may make a victim [of trauma] suddenly re-experience [the underlying event] as much as to sort of remember it in the past, but to feel as if they are there and reliving it again").

The 1983 Beirut Embassy bombing affected Mr. Light's overall view of the world. As Mr. Light testified:

I don't trust anybody anymore. When I go overseas -- and I travel a lot; last year I was in 14 countries -- and everybody I see, I'm thinking that this guy wants to hurt me because I'm American. He wants to kill me or he wants to cause me problems. So I've got this real cynical view of this world, and every single time something happens, it just reinforces my idea that because I'm an American, everybody wants to shoot me full of holes, you know. So I'm distrustful of everything and everybody, just about.

Tr. Vol. IV at 38; see also Tr. Vol. II at 51 (expert psychiatric testimony indicating that anxiety, "being on edge," and hypervigilence are typical symptoms exhibited by victims of trauma).

Mr. Light also feels that Americans have largely forgotten about the 1983 attack on the U.S. Embassy in Beirut. He has been active in efforts to get Americans to remember the 1983 Beirut Embassy attack, participating in a documentary on the event. See id. at 30. In his job as a diplomatic security specialist, Mr. Light goes to various posts to inspect U.S. Embassy security, and in so doing gives Marines at these postings "a class on that bombing of the American embassy in April of '83." Id.

When asked why he elected to participate in this lawsuit, Mr. Light responded: I had no idea this was happening until Ms. Dammarell called. I want somebody to pay, and I'm tired. I'm really, really tired of Americans getting injured and killed, kidnaped and abused in every way, and no one having to pay the price.

And it's time -- you know, we could lecture Iran all day long for all the good that's going to do, or we can demand they surrender the people who perpetrated this crime against us, which is not going to happen. But what can we do? We can hit them where it hurts. We can hit in the pocketbook.

And the next time they decide to send somebody out to kill innocent and inoffensive children and civilians and ladies and old men and gentlemen, maybe they'll think the next time it might be a little bit too costly for them, and we need to get in there and get the world's attention on this. We need to fire them up and take everything we can away from them to discourage this kind of business.

Tr. Vol. IV at 40-41.

The economic damages suffered by Mr. Light are set forth in the expert report of Steven A. Wolf. See Exh. 39 at 20 and Tab 6.

G. Robert McMaugh and Family

1. Robert McMaugh

Lance Corporal Robert "Bobby" McMaugh was the son of Plaintiffs Earl McMaugh and Annie Mullins, and the brother of Plaintiffs Teresa Younts, Michael McMaugh, and Cherie Jones. See Tr. Vol. IV at 18, 73, 56; Exh. 46 at 3-4. He was assigned to the U.S. Embassy in Beirut as a Marine Security Guard. See Tr. Vol. IV at 4, 7-8, 10, 11, 21, 22.

Corporal McMaugh was born February 22, 1962 in Fort Meade, Maryland. See Tr. Vol. IV at 43. He was a United States citizen. See id. at 42. Corporal McMaugh was twenty-one years old when he was killed in the Embassy bombing. See id. at 52. The Estate of Robert McMaugh is represented by Earl McMaugh and Annie Mullins, as co-administrators, for purposes of this lawsuit. See id. at 43-44, 55-56; see also Exh. 45.

Corporal McMaugh graduated from Osbourn High School in Manassas, Virginia in June 1980. See Tr. Vol. IV at 40, 48. He reported for Marine Corps basic training at Parris Island shortly thereafter. See id. at 48; Exh. 46 at 2. After basic training, Corporal McMaugh was assigned to 29 Palms, in California, where he trained in aircraft capture. See Tr. Vol. IV at 48. Corporal McMaugh was thereafter selected to attend Marine Security Guard ("MSG") school at Quantico, Virginia, see id. at 49, graduating from MSG school in the fall of 1982. See id. at 53. Corporal McMaugh volunteered for assignment at the United States Embassy in Beirut, and was transferred there immediately upon graduation from MSG school. See id. 51, 52. Corporal McMaugh never saw his family again after leaving for Beirut. See id. at 23, 43, 54, 59-60.

Corporal McMaugh was stationed at Guard Post 1 in the Embassy's main lobby, near the center of the blast, at the time of the bombing. See Tr. Vol. II at 115-16; Tr. Vol. III at 13, 75. As a result of the blast, he was buried beneath the Embassy's collapsed center floors, and sustained fatal injuries. See Tr. Vol. IV at 11.

The economic damages suffered by the Estate of Robert McMaugh are set forth in the expert report of Steven A. Wolf. See Exh. 39 at 16 and Tab 4.

2. Earl McMaugh

Plaintiff Earl McMaugh is the father of Lance Corporal Robert McMaugh. See Tr. Vol. IV at 42; Exh. 46. Mr. McMaugh, who is retired, currently resides in Virginia and is a United States citizen. See Tr. Vol. IV at 42.

Mr. McMaugh described his son as a "first-class person." Tr. Vol. IV at 50, 83. As a teenager, Corporal McMaugh was a "very good kid. He was energetic, very competitive, lighthearted, free spirit[ed]... [and] an excellent athlete." Id. at 44. Mr. McMaugh knew that his son was "going to do something with his life." Id. Mr. McMaugh testified that he "lived through" his son's athletic successes in football, soccer, basketball and other sports. Id. He instilled in his son a drive to win at competitive sports, teaching Corporal McMaugh that "whatever you do, you do it well." Id. at 46.

Although Mr. McMaugh encouraged his son to attend college immediately after high school, Corporal McMaugh surprised his father by enlisting in the Marine Corps. See Tr. Vol. IV at 48. While Mr. McMaugh counseled his son to be the best Marine he could be (see id. at 48), he also advised him to set aside funds for his college education. See id. at 49.

Mr. McMaugh was concerned about Corporal McMaugh's decision to volunteer for the Beirut posting, because he did not believe that his son -- at age twenty -- fully understood the danger he faced. See Tr. Vol. IV at 52. Mr. McMaugh testified that his son called home more frequently from Beirut than he had from his earlier postings. See id. at 61-62. During early phone calls from Beirut, Corporal McMaugh would tell his father what a "good time" he was having, cruising the Mediterranean on a speed boat and meeting young women. Id. at 59, 60. However, Mr. McMaugh testified, in retrospect those phone calls were probably "trying to assure me that it was okay." Id. at 60. In what was probably the last telephone conversation Mr. McMaugh had with his son, Mr. McMaugh detected for the first time a change of attitude in Corporal McMaugh, when he admitted to his father that he had been "knocked on his rear-end by a car bomb." Id. at 59.

On the morning of April 18, 1983, upon his arrival at work with the Defense Intelligence Agency, a co-worker informed Mr. McMaugh that the Embassy in Beirut had been bombed. See Tr. Vol. IV at 63. Mr. McMaugh telephoned the Embassy directly, testifying:

I got a busy signal.... And the strangest thing happened to me at that time; and I never had it before, and I've never had it since. And I believe it was the understanding at that time that Bobby had been killed.... The sense was my knees almost fell out from under me. I felt this weak-legged thing. I was standing there, and all of a sudden, my knees and my legs wanted to give out. That's the only reaction I had. Now, I didn't know anything at that time, but I kept calling back. I must have made 10 phone calls to the embassy.

Id. at 64.

Mr. McMaugh went home, and watched coverage of the bombing on television. See id. at 66. The lack of information that day and in the following days regarding the fate of the Embassy and of his son convinced Mr. McMaugh that when news came, it would be bad. See id. at 66-67. One evening, a few days after the bombing, a Navy captain and commander came to the McMaugh home in Manassas and informed Mr. McMaugh and his family that Corporal McMaugh had been killed in the bombing. See Tr. Vol. IV at 67-68. Mr. McMaugh testified, "the bright sunlight went away and the clouds came in. It was like a biblical time. You could see the clouds coming in.... And I just wanted to put a blanket over my head, and I didn't want anybody to talk to me." Id. at 70. Mr. McMaugh's other children, Michael and Teresa, were so distraught at the news that Mr. McMaugh had to take them to the hospital to be sedated. See id.

In the following days, members of the Marine Corps came to the house to settle Corporal McMaugh's estate. See Tr. Vol. IV at 70. Corporal McMaugh's remains were returned to the United States on April 27, at a ceremony at Andrews Air Force Base, of which Mr. McMaugh remembers very little. See id. at 71; Exh. 46 at 9. Mr. McMaugh recalls that then-President Ronald Reagan and Secretary of State George Shultz were present, but does not recall anything that the President said. See Tr. Vol. IV at 71, 72. Corporal McMaugh was ultimately laid to rest at Arlington National Cemetery, after services at Ft. Myers Chapel and in Manassas, Virginia. See id. at 72, 73; Exh. 46 at 3, 6-7. The funeral procession to the cemetery was so large that it "closed down [Route] 66." Tr. Vol. IV at 74. In subsequent years, the Marine Corps dedicated a conference room at Quantico, Virginia to Corporal ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.