United States District Court, District of Columbia
WILLIAM M. SCHOOLEY, et al., Plaintiffs,
v.
ISLAMIC REPUBLIC OF IRAN, et al., Defendants.
MEMORANDUM OPINION
BERYL
A. HOWELL CHIEF JUDGE
On June
25, 1996, a gasoline tanker, modified to serve as a bomb,
exploded with the force of 20, 000 pounds of TNT next to the
Khobar Towers complex, a residential complex in Dhahran,
Saudi Arabia housing coalition forces “charged with
monitoring compliance with U.N. Security Council
Resolutions.” Pls.' Amend. Compl.
(“Compl.”) ¶¶ 19-21, ECF No. 21.
Nineteen U.S. Air Force personnel were killed, and hundreds
more were injured, including the 101 service member
plaintiffs in this case. Id. ¶¶ 22, 38.
The total of 219 plaintiffs in the instant case also include
118 “immediate family members” of the 101 injured
service members. Id. ¶ 6. The plaintiffs allege
that the three defendants, the Islamic Republic of Iran
(“Iran”), the Iranian Ministry of Information and
Security (“MOIS”), and the Islamic Revolutionary
Guard Corps (“IRGC”), are responsible for the
terrorist attack on Khobar Towers, id. ¶ 13,
and seek to hold these defendants liable as foreign state
sponsors of international terrorism under the Foreign
Sovereign Immunities Act (“FSIA”) terrorism
exception, 28 U.S.C. § 1605A. The defendants have failed
to enter appearances, or defend against this action, despite
being properly served, pursuant to 28 U.S.C. §
1608(a)(4). See Return of Service/Affidavit of
Summons and Complaint Executed, ECF No. 13; Clerk's Entry
of Default, ECF No. 15. The plaintiffs now seek the entry of
a default judgment against the defendants as to liability and
damages. Pls.' Mot. for Judicial Notice of Prior Related
Cases and for Default J. as to Liability and Damages Against
Iranian Defendants (“Pls.' Mot.”), ECF No.
146. For the reasons detailed below, the plaintiffs'
motion is granted.
I.
BACKGROUND
“‘[T]he
history of litigation' in this Court ‘stemming from
the bombing of Khobar Towers . . . is extensive.'”
Akins v. Islamic Republic of Iran, 332 F.Supp.3d 1,
10 (D.D.C. 2018) (quoting Rimkus v. Islamic Republic of
Iran, 750 F.Supp.2d 163, 167 (D.D.C. 2010) (Lamberth,
J.) (citing Blais v. Islamic Republic of Iran, 459
F.Supp.2d 40, 46-51 (D.D.C. 2006) (Lamberth, J.) and
Estate of Heiser v. Islamic Republic of Iran, 466
F.Supp.2d 229, 248 (D.D.C. 2006) (“Heiser
I”) (Lamberth, J.))). Specifically, in Heiser
I, the Court heard evidence and witness testimony for 17
days, see Heiser I, 466 F.Supp.2d at 250, including
from 7 expert witnesses.[1] The plaintiffs correctly point out that
in prior cases “the Court found that the three
[instant] Iranian Defendants were liable for the Khobar
Towers bombing, ” Pls.' Mem. Supp. Pls.' Mot.
Judicial Notice of Prior Related Cases (“Pls.'
Mem.”) at 2, ECF No. 146, and that they “dealt
with identical issues regarding the liability [of these
defendants], ” id. In light of this prior
litigation, plaintiffs request that this Court take
“[j]udicial notice of these proceedings.”
Id.
Rule
201 of the Federal Rules of Evidence authorizes a court to
take judicial notice, on its own or at the request of a
party, of adjudicative facts that are “not subject to
reasonable dispute because” they “can be
accurately and readily determined from sources whose accuracy
cannot reasonably be questioned.” Fed.R.Evid.
201(a)-(c). “ʻ[A]djudicative facts are simply the
facts of the particular case' while ‘legislative
facts . . . are those which have relevance to legal reasoning
and the lawmaking process, whether in the formulation of a
legal principle or ruling by a judge or court or in the
enactment of a legislative body.'” Nat'l
Org. for Women, Wash., D.C. Chapter v. Social Sec.
Admin., 736 F.2d 727, 737 n.95 (D.C. Cir. 1984)
(Robinson, J., concurring) (quoting Advisory Committee Note
to Fed.R.Evid. 201(a)). Rule 201 has been applied frequently
in this Court to take notice of, and rely on, facts found in
earlier proceedings, “without necessitating the
formality of having that evidence reproduced, ”
Harrison v. Republic of Sudan, 882 F.Supp.2d 23, 31
(D.D.C. 2012) (quoting Taylor v. Islamic Republic of
Iran, 811 F.Supp.2d 1, 7 (D.D.C. 2011)), “even
when those proceedings have taken place in front of a
different judge, ” Foley v. Syrian Arab
Republic, 249 F.Supp.3d 186, 191 (D.D.C. 2017) (citing
Brewer v. Islamic Republic of Iran, 664 F.Supp.2d
43, 54 (D.D.C. 2009) (“Relying on the pleadings and the
. . . findings of other judges in this
jurisdiction.”)).
In this
way, rather than require litigants to present such evidence
anew in each lawsuit stemming from the same terrorist attack,
courts have “determined that the proper approach is one
‘that permits courts in subsequent related cases to
rely upon the evidence presented in earlier litigation . . .
without necessitating the formality of having that evidence
reproduced, '” so that “courts may reach
their own independent findings of fact” predicated
“on judicial notice of the evidence presented in the
earlier cases.” Anderson v. Islamic Republic of
Iran, 753 F.Supp.2d 68, 75 (D.D.C. 2010) (Lamberth, J.)
(quoting Rimkus, 750 F.Supp.2d at 172); see also
Foley, 249 F.Supp.3d at 191 (Kollar-Kotelly, J.)
(finding same “approach appropriate” and
“tak[ing] judicial notice of the requested
findings”); Oveissi v. Islamic Republic of
Iran, 879 F.Supp.2d 44, 50 (D.D.C. 2012) (Lamberth, J.)
(quoting Rimkus, 750 F.Supp.2d at 163) (finding
courts permitted “in subsequent related cases to rely
upon the evidence presented in earlier litigation”);
Estate of Botvin v. Islamic Republic of Iran, 873
F.Supp.2d 232, 237 (D.D.C. 2012) (Lamberth, J.) (taking
“judicial notice of the evidence presented in the
earlier cases”).
Factual
evidence developed in other cases “involving the same
conduct by the same defendants is admissible and may be
relied upon in this case.” Akins, 332
F.Supp.3d at 11. While factual evidence may be relied upon,
judicial findings derived from that evidence are not
dispositive because courts must “reach their own,
independent findings of fact in the cases before them.”
Rimkus, 750 F.Supp.2d at 172. Persuaded that this
approach is both “efficient and sufficiently protective
of the absent defendants' interests, ”
Akins, 332 F.Supp.3d at 11, this Court will adopt it
and grant the plaintiffs' request to take judicial notice
of the evidence presented in Heiser I, Blais, Valencia v.
Islamic Republic of Iran, 774 F.Supp.2d 1 (D.D.C. 2010),
and Rimkus.[2] The evidence regarding the terrorist
attack at issue is summarized below, followed by an overview
of the procedural history of this case.
A.
The Attack on Khobar Towers
“The
Khobar Towers was a residential complex in Dhahran, Saudi
Arabia, which housed the coalition forces charged with
monitoring compliance with U.N. security council
resolutions.” Blais, 459 F.Supp.2d at 47. Ten
minutes before 10:00 p.m. on June 25, 1996, “a large
gasoline tanker truck pulled up alongside the perimeter wall
of the Khobar Towers complex.” Heiser I, 466
F.Supp.2d at 252; Compl. ¶ 20. The guards on the top of
the building “started to give warnings about the
unusual vehicle location, ” but the truck exploded
“within about 15 minutes.” Id. ¶
21. The resulting explosion was the “largest
non-nuclear explosion ever up to that time” and was the
“equivalent of 20, 000 pounds of TNT.”
Id. The blast “sheared off the face of
Building 131 and damaged every other building in the
complex” and killed nineteen U.S. Air Force personnel.
Id. ¶ 22.
B.
The Defendants' Role
Iran is
“a foreign state and has been designated a state
sponsor of terrorism . . . continuously since January 19,
1984.” Blais, 459 F.Supp.2d at 47; see
also Fritz v. Islamic Republic of Iran, 320 F.Supp.3d
48, 77 (D.D.C. 2018); U.S. Dep't of State, State
Sponsors of Terrorism,
https://www.state.gov/j/ct/list/c14151.htm (last visited June
27, 2019). “[T]he IRGC is a non-traditional
instrumentality of Iran, ” serving as “the
military arm of a kind of shadow government answering
directly to the Ayatollah and the mullahs who hold power in
Iran.” Blais, 459 F.Supp.2d at 47. “The
IRGC, with its own separate ministry, has evolved into one of
the most powerful organizations in Iran and functions as an
intelligence organization, both within and beyond Iran's
borders.” Compl. ¶ 10.
“The
terrorist attack on the Khobar Towers was . . . approved and
supported by the Iranian Minister of Intelligence and
Security (‘MOIS') at the time.” Heiser
I, 466 F.Supp.2d at 252. The attack was also
“approved by Ayatollah Khameini, the Supreme leader of
Iran at the time.” Id. The truck bomb that was
used was “assembled at a terrorist base in the Bekaa
Valley which was jointly operated by the IRGC and by the
terrorist organization known as Hezbollah, ”
id., and recruited individuals “drove the
truck bomb from its assembly point in the Bekaa Valley to
Dhahran, Saudi Arabia, ” id.
The
Federal Bureau of Investigation (“FBI”), led by
then-director Louis Freeh, “conducted a massive and
thorough investigation of the attack, using over 250 agents,
” id., under the “day to day
oversight” of Dale Watson, then deputy counterterrorism
chief of the FBI, id. at 264 n.19. “Based on
that investigation, an Alexandria, Virginia, grand jury
returned an indictment . . . against 13 identified members of
the pro-Iran Saudi Hezballah organization.”
Id. at 252. The FBI “obtained a great deal of
information linking the defendants to the bombing from
interviews with six admitted members of the Saudi Hezbollah
organization.” Id. at 252-53. These six
members “admitted to the FBI their complicity in the
attack on Khobar Towers, and admitted that senior officials
in the Iranian government provided them with funding,
planning, training, sponsorship, and travel necessary to
carry out the attack on Khobar Towers, ” id.
at 253, and also “indicated that the selection of the
target and the authorization to proceed was done collectively
by Iran, MOIS, and IRGC, though the actual preparation and
carrying out of the attack was done by the IRGC, ”
id. “[B]ased on [this] evidence gathered by
the FBI, ” Freeh has “publicly and unequivocally
stated his firm conclusion” that “Iran was
responsible for planning and supporting the Khobar Towers
attack.” Id.
Dr.
Patrick Clawson provided expert testimony in Heiser
I, “based on his involvement on a Commission
investigating the bombing, his top-secret security clearance,
his discussions with Saudi officials, as well as his academic
research on the subject, ” id., that
“the IRGC was responsible for providing military
training to Hezbollah terrorists as to how to carry out a
terrorist attack, ” id. Based on these facts,
Clawson “stated conclusively his opinion that the
government of Iran, MOIS, and IRGC were responsible for the
Khobar Towers bombing, and that Saudi Hezbollah carried out
the attack under their direction.” Id. Dr.
Buce Teft additionally supported Clawson's “expert
opinion, ” based on “publicly available sources
that were not inconsistent with classified information known
to him from his time at the CIA” that “the
Islamic Republic of Iran and the Iranian Revolutionary Guards
Corp were responsible for planning and supporting the attack
on Khobar Towers.” Id. at 253-54.
C.
The Instant Plaintiffs
The
plaintiffs in this action include 101 service members who
“suffered physical and/or mental and/or emotional
injuries as a result of the terrorist attack” on Khobar
Towers, Compl. ¶ 6, and 118 of their immediate family
members. The service member plaintiffs, and, where
applicable, their family member plaintiffs, are described
below.[3]
1.
Stacey D. Benfield and Three Family Members
On June
25, 1996, Stacey D. Benfield was a Senior Airman in the
United States Air Force deployed to Saudi Arabia, stationed
at Khobar Towers in Dhahran, Saudi Arabia. Decl. of Stacey D.
Benfield (“Benfield Decl.”) (Sept. 5, 2018)
¶ 4, ECF No. 35 (sealed), ECF No. 157 (public version).
At the time of the bombing, Benfield was on the third floor
of a building near Building 131, the building closest to the
detonated gasoline tanker. Id. ¶ 5. He was
looking through his patio glass doors when the tanker
exploded. Id. “There was a bright flash and a
deafening explosion” and Benfield was blown across the
room. Id. Benfield regained consciousness as he was
being carried from the rubble to the triage center.
Id. At the triage center, he was bandaged and sent
to a Saudi hospital for treatment. Id. ¶ 6. His
“nose was shattered, and [his] lip was ripped in half
and hanging from the left side of [his] face, and up into
[his] naval cavity. The flesh from [his] nose was hanging on
the left side of [his] face.” Id. In addition,
he suffered from a “large hole in [his] left eye socket
and deep lacerations from the front of [his] hairline to the
center/top of [his] head.” Id. He additionally
injured his knee and right shoulder. Id.
¶¶ 6, 11. The attack left him with “permanent
disfiguring scars on [his] nose, eye, forehead and the top
and left side of [his] head.” Id. ¶ 10. A
piece of flesh is missing from his upper left eye socket.
Id. Though he had surgery to correct the shoulder
injury, his knee still causes him pain. Id. ¶
11. In addition to suffering physical injury, Benfield also
suffers from PTSD which has caused “significant
hardships in [his] life.” Id. ¶ 12. As a
result of his PTSD, Benfield cannot attend fireworks, movies,
or football games with his family. Id. He suffers
from startle reactions, which have led to threatening
behavior. Id. His PTSD has affected his short term
memory, which limits his ability to receive an education,
id. ¶ 13, and his ability to form
relationships, id. ¶ 14. The Department of
Veterans Affairs (“VA”) has rated Benfield 80%
disabled. Id. ¶ 15; id., Att. (VA
Rating Decision, undated), ECF No. 35 at 20; id.,
Att. (Letter from VA, dated Feb. 22, 2018), ECF No. 35 at 21;
see also id., Att. (medical records), ECF No. 35 at
8-17.
Three
of Benfield's family members are plaintiffs in this
lawsuit: his mother, Gloria J. Brown; his father, Jimmy F.
Brown; and his sister, Melena R. Collins. Benfield Decl.
¶ 2; Decl. of Gloria J. Brown (“Gloria Brown
Decl.”) (Sept. 5, 2018) ¶ 3, ECF No. 35 (sealed),
ECF No. 157 (public). After hearing about the bombing on the
television, Benfield's mother called Benfield's wife
to see if she knew anything. Id. ¶¶ 6-7.
She also called the military liaison, who confirmed the
attack and informed her that she should call every hour on
the hour. Id. ¶ 8. “Finally, shortly
before 2:20 a.m. the next morning” the liaison called
to advise that Benfield was alive but wounded. Id.
Benfield himself called at 6:10 a.m., at which point his
mother “finally felt some relief knowing he was indeed
alive.” Id. Although relieved, the
“effects of the attack on [her] daily life and family
life were devastating.” Id. ¶ 9. She was
“very proud to have raised [Benfield] to be a happy go
lucky, charismatic and loving person that everyone loved,
” but since the bombing has had to watch “[her]
son change into a withdrawn person who has trouble fitting
into life.” Id. ¶ 9. She experiences
“extreme grief and distress as a result of the injuries
to [her] son” and the “profound impact on [their]
relationship.” Id. ¶ 14. She has
additionally had to financially support her son “when
he was not able to make money because of his injuries.”
Id. ¶ 13.
Prior
to the attack, Benfield's father and Benfield enjoyed
“going to sporting events and watching live music
together.” Decl. of Jimmy F. Brown (“Jimmy Brown
Decl.”) (Nov. 11, 2018) ¶ 6, ECF No. 35 (sealed),
ECF No. 157 (public). Due to the effects of the attack, Brown
“[has] not been able to share new experiences with
[his] son and create new memories.” Id. ¶
7. Brown experiences “extreme grief and distress as a
result of the injuries to [his] son” and the
“profound impact on [their] relationship.”
Id. ¶ 11. Due to the effects of Benfield's
PTSD, he no longer enjoys his old favorite hobbies.
Id. ¶ 6. Prior to the explosion, Benfield
“was never a person prone to engage in fights, ”
but now “his relationships, including [that with his
father], are strained.” Id. ¶ 7. Brown
has additionally supported his son when he “found
himself out of work or unable to earn enough money”
causing him to “[incur] economic losses.”
Id. ¶ 8. The inability to aid his son in
getting his life back on track has left Brown with
overwhelming feelings of helplessness. Id. ¶ 5.
The situation has taken a “toll on [Brown's]
overall well-being.” Id. ¶ 7.
Benfield's
only sibling, his younger sister, is Melena R. Collins. Decl.
of Melena R. Collins (“Melena Collins Decl.”)
(Oct. 15, 2018) ¶ 5, ECF No. 35 (sealed), ECF No. 157
(public). Upon hearing of the attack, Collins was unsure if
her brother was alive. Id. Even after knowing that
he survived, “knowing he was alive, but now how bad he
was injured was grueling.” Id. Collins stayed
close to the TV and phone for a day or two “waiting to
hear or see something, anything.” Id. At
midnight on TV, she finally saw her brother being wheeled off
a plane in Germany. Id. Upon seeing her brother, she
was “overwhelmed with so many emotions. [She] just
dropped to the floor and cryied [sic] ‘He is
alive!!!'” Id. After the attack, Collins
“experienced, and continue[s] to experience, extreme
grief and distress as a result of the injuries to [her]
brother” and the “profound impact on [their]
relationship.” Id. ¶ 11. She finds it
“heartbreaking to know he struggles to be a part of a
family he was so close to and loved by.” Id.
¶ 6. She additionally finds it “hard to watch
[her] parents worry about their son and not be able to help
him.” Id.
2.
Bryan Brock and One Family Member
On June
25, 1996, Bryan Brock was a service member in the U.S. Air
Force deployed to Saudi Arabia, stationed at Khobar Towers in
Dhahran, Saudi Arabia. Decl. of Bryan Brock (“Brock
Decl.”) (Oct. 24, 2018) ¶ 4, ECF No. 36 (sealed),
ECF No. 159 (public). At the time of the bombing, Brock was
in the common area of his dorm room. Id. ¶ 5.
As a result of the explosion, glass shards were blown at him
and were later “surgically removed from [his]
body.” Id. As one of the few medics at the
station, Brock dealt with the most seriously injured.
Id. ¶ 6. “[His] office was the make-shift
morgue and [he] had to work with dead bodies lying on the
floor of [his] office for hours while [they] waited on a
freezer truck.” Id. Even after the explosion,
“there was so much blood [he] had to cut out the carpet
and place a large rug over the blood-stained concrete below
and worked over the top of it for over a month.”
Id. Upon return home, he was treated at the Air
Academy Hospital for PTSD. Id. ¶ 7. He was
prescribed medication for trauma, but did not seek additional
treatment because of his fear that “having to talk
about that night may trigger additional emotional
trauma.” Id. As a result of the attack, he was
“horrified of loud noises and large trucks and had
paranoid thoughts, ” id. ¶ 8, and still
suffers from the after-effects, id. Brock was
offered the Purple Heart for his wounds during the attack but
turned it down. Id. ¶ 9. He was also awarded an
Air Force Commendation Medal for providing medical treatment
in the wake of the blast. Id., Att. (The Air Force
Commendation Medal Certificate, dated Dec. 17, 1996), ECF No.
36 at 6; id., Att. (Citation to Accompany the Award
of The Air Force Commendation Medal Certificate, no date),
ECF No. 36 at 7.
Brock's
mother, Joan Locke, is a plaintiff in this lawsuit. At the
time of the attack, Locke was at work and informed of the
bombing by a colleague. Decl. of Joan C. Locke (“Locke
Decl.”) (Oct. 18, 2018) ¶ 5, ECF No. 36 (sealed),
ECF No. 159 (public). Upon hearing that the Khobar Towers had
been bombed, she “collapsed into [her] chair”
because she was “panic stricken, crying in
disbelief.” Id. She was driven home and then
waited by the phone for hours for news about Brock.
Id. ¶ 6. Finally, Brock's then-wife
received news that he was alive. Id. ¶ 7. Locke
was later able to communicate with her son over AOL mail and
he detailed some of the trauma that he experienced.
Id. ¶ 8. As a result of the attack, Locke's
daily and family life have been devastatingly affected.
Id. ¶ 10. She has missed days of work due to
the stress, and found focusing on her work or her other
children hard. Id. She was prescribed medication and
sought other medical attention to “help [her] cope with
life” and “[her] worry about Bryan.”
Id.
3.
Mark E. Broda and Two Family Members
On June
25, 1996, Mark E. Broda was a Senior Airman in the U.S. Air
Force deployed to Saudi Arabia, stationed at Khobar Towers in
Dhahran, Saudi Arabia. Decl. of Mark E. Broda (“Broda
Decl.”) (Oct. 8, 2018) ¶ 4, ECF No. 37 (sealed),
ECF No. 160 (public). Broda had just extended his enlistment
voluntarily to go on a 90-day temporary duty. Id.
During the bombing, Broda was sitting on his couch in front
of sliding glass doors when there was “an extremely
bright flash in the room.” Id. ¶ 5. He
turned to look at the doors and “was thrown off the
couch and into the cinder-block wall a few feet away.”
Id. When he looked at his two friends in the room he
saw that “there was blood seeping from all over
them.” Id. Broda himself had “sustained
lacerations on [his] face, hands and shoulder” from the
sliding glass door. Id. They were ordered to
evacuate and were bussed to local hospitals. Id.
¶¶ 6-7. He was pulled out of line, however, and
taken into “the sick call building where others were
lying on the floor being treated” and had his
lacerations sewn up. Id. ¶ 7. The next day he
was ordered for re-evaluation and suffered from “a bout
of catatonia when the doctor began asking [him]
questions.” Id. ¶ 9. Broda was prescribed
a sedative and was put under watch. Id. Broda still
stayed to help load the “flag covered caskets of our
dead Airmen into an empty cargo plane” and went home as
scheduled a few days later. Id. ¶ 10. As a
result of the attack, Broda suffers from PTSD, id.
¶ 13, for which he has received counseling “on and
off for the last twenty years.” Id. ¶ 15.
Even 20 years after being thrown into the cinderblock wall,
he “still get[s] severe headaches in the area of [his]
head where it hit.” Id. ¶ 15. Broda
received the Purple Heart for the injuries he sustained.
Id. ¶ 11; id., Att. (Purple Heart
Certificate, dated Aug. 6, 1996), ECF No. 37 at 12. The VA
has rated Broda as 30% disabled, for which he receives
monthly benefits. Id. ¶ 14; id., Att.
(Letter from VA, dated Dec. 6, 2012), ECF No. 37 at 38;
see also id., Att. (medical records), ECF No. 37 at
14-37.
Two of
Broda's family members are plaintiffs in this lawsuit:
his mother, Pamela G. Broda, and his sister, Alycia Broda.
Broda's mother first learned of the attack when her
oldest daughter called and asked if she had seen the news.
Decl. of Pamela G. Broda (“Pamela Broda Decl.”)
(Sept. 7, 2018) ¶ 5, ECF No. 37 (sealed), ECF No. 160
(public). This simple question “put her in a sudden
panic, ” and she turned on the TV to watch and wait for
news of her son. Id. She waited “in limbo,
fearing for the worst and not knowing the fate of [her]
son” for hours until Mark made contact. Id.
Upon return home, her son “tried to put up a good front
for [Pamela's] sake” but she knew “he was
suffering” and this caused her “a great deal of
emotional stress, ” which she “inadvertently took
[] out on [her] youngest daughter.” Id. ¶
7. During this time, Broda's mother “lived under a
cloud of emotional stress.” Id. As a result of
the attack and Broda's injuries, his mother experiences
“extreme grief and distress.” Id. ¶
8.
Mark
Broda's sister, Alycia A. Broda, also suffered from the
ramifications of the attack. His sister first learned of the
attack with her mother when her sister called to tell them to
turn on the news. Decl. of Alycia A. Broda (“Alycia A.
Broda Decl.”) (Sept. 10, 2018) ¶ 5, ECF No. 37
(sealed), ECF No. 160 (public). They were “left in
limbo, fearing for the worst and not knowing the fate of
[her] brother” for four to five hours until he called.
Id. Upon his return home, Broda lived with Alycia
and his mother, where they provided “physical and
emotional support.” Id. Alycia “started
struggling in school, worrying about [her] brother's
mental health.” Id. ¶ 6. Mark's
issues resulting from the attack created tension within the
family, and the “mental and emotional strain [their]
family endured for years was very hard to overcome.”
Id. Alycia still “deal[s] with the secondary
stress from Mark's PTSD.” Id. ¶ 8.
4.
Shannon Bump and One Family Member
On June
25, 1996, Shannon Bump was a Master Sergeant in the U.S. Air
Force deployed to Saudi Arabia, stationed at Khobar Towers in
Dhahran, Saudi Arabia. Decl. of Shannon Bump (“Bump
Decl.”) (Sept. 6, 2018) ¶ 4, ECF No. 39 (sealed),
ECF No. 162 (public). Bump had just finished showering when
the attack occurred. Id. ¶ 5. The explosion
threw him eight feet back against a wall and showered him
with glass. Id. Bump, as the highest-ranking person
in his suite, coordinated the evacuation, id., and
then ran to the source of the explosion and helped carry the
injured away on blankets, id. ¶ 7. At this
time, he noticed that he had received a cut on his leg from
the initial explosion. Id. This cut left him with
scarring. Id. ¶ 10. Bump and the rest of the
squadron were made to sit in the gym for two hours while news
of the explosions and deaths played on TVs before he was able
to contact his wife. Id. ¶ 8. After the
compound was shut down, Bump remained behind to load the
equipment. Id. ¶ 9. As a result of the attack,
Bump “still suffer[s] from emotional distress.”
Id. ¶ 12. Bump has difficulty discussing the
attack with people, including his wife, and worries about
“the stigma of being handicapped, disabled, or
emotionally traumatized.” Id. ¶ 12. Bump
received the Purple Heart for his injuries. Id.
¶ 11; id., Att. (Purple Heart Certificate,
dated Aug. 5, 1996), ECF No. 39 at 8; id., Att.
(Certificate of Release or Discharge from Active Duty,
confirming medals), ECF No. 39 at 7.
Bump's
wife, Valerie Bump, is a plaintiff in this lawsuit. She was
running errands when she saw a special news report about the
bombing. Decl. of Valerie Bump (“Valerie Bump
Decl.”) (Sept. 6, 2018) ¶ 5, ECF No. 39 (sealed),
ECF No. 162 (public). She struggled with “the thought
that there could even be a chance that [their children] could
grow up without their father in their lives.”
Id. ¶ 6. She called her husband's squadron,
but they were unable to confirm anything beyond numerous
injuries and deaths. Id. ¶ 7. After four to
five hours waiting to hear more information, she left the
house to get food and returned to a voicemail from her
husband. Id. ¶ 8. As a result of the attack,
Shannon Bump “experienced, and continue[s] to
experience, extreme grief and distress.” Id.
¶ 10. She fears that “something might happen to
him” when her husband leaves her for any period of
time, and has “anxiety about it before he
leaves.” Id. ¶ 10.
5.
Rondal G. Burns and Three Family Members
On June
25, 1996, Rondal G. Burns was a Staff Sergeant in the U.S.
Air Force deployed to Saudi Arabia, stationed at Khobar
Towers in Dhahran, Saudi Arabia. Decl. of Rondal G. Burns
(“Rondal Burns Decl.”) (Sept. 18, 2018) ¶ 4,
ECF No. 41 (sealed), ECF No. 164 (public). At the time of the
attack, Burns was lying on his couch watching television.
Id. ¶ 5. The force of the explosion
“threw [him] off the couch and head first into the wall
behind the second couch in the room.” Id. The
next thing he knew, Burns was “behind the second couch
on [his] knees screaming [his] head off, crying loudly, and
[his] ears were clogged.” Id. Burns'
squadron evacuated and “a medic was called and they
bandaged [Burns].” Id. ¶ 7. While outside
after the attack, an additional panic ensued when people
mistakenly believed insurgents were coming over the fence.
Id. ¶ 8. Burns returned home, where he
continued to suffer from headaches, but when he went to the
emergency room, “whatever doctor was on duty told [him]
it was different things.” Id. ¶ 12 Burns
suffered a stroke on November 3, 1996, approximately four
months after the attack. Id. ¶ 14. Burns was
sitting on his couch “watching something, and the next
thing [he] knew [he] was crouched over.” Id.
¶ 13. The stroke required treatment in the intensive
care unit, and included treatment for epilepsy, speech
therapy, and physical therapy. Id. ¶ 14. Burns
now suffers from “PTSD because of the bombing, and []
seizures [he has] had since leaving the intensive care
unit.” Id. In addition, he has short-term
memory loss and depression. Id. ¶¶ 14, 17.
As a result of his PTSD, he is “unable to carry out
normal life.” Id. ¶ 17. Burns received
the Purple Heart, and has a disability rating of 100% by the
VA. Id. ¶¶ 17- 18; id., Att.
(Purple Heart Certificate, dated Aug. 7, 1996), ECF No. 41 at
11; id., Att. (Letter from VA, dated July 19, 2017),
ECF No. 41 at 10.
Three
of Burns' family members are plaintiffs in this lawsuit:
his wife, Rebekah J. Burns; his daughter, Emeleigh
Ledgerwood; and his son, Nickolaus Burns. On the day of the
terrorist attack, Burns' wife returned home from a
“leisurely day out with [her] children” to
“hysterical phone calls from family.” Decl. of
Rebekah J. Burns (“Rebekah Burns Decl.”) (Sept.
17, 2018) ¶ 5, ECF No. 41 (sealed), ECF No. 164
(public). After listening to messages, Burns' commander
called to say that “[her] husband was wounded and given
the situation, a full estimate of injuries was going to take
days or even months.” Id. When Burns came
home, Rebekah “notice[d] differences in his behavior
and state of mind, ” id. ¶ 8, with his
“state of mind [] deteriorating, ” id.
Burn's wife has “remained at Rondal's side
every minute of each day, ” id. ¶ 11, and
this “has impacted [her] personal health, in an
enormously negative way, ” id. ¶ 10. In
addition, the Burns have “incurred substantial economic
loss” and loss of property. Id. ¶¶
15-16. Due to time missed at her work, Rebekah “lost
over four years in [her] retirement plan.” Id.
¶ 16. As a result of the attack and the injuries to her
husband, Rebekah experiences “extreme grief, distress
and emotional injuries” that have yielded a
“profound impact on [their] family dynamics.”
Id. ¶ 18.
Burns'
daughter, Emeleigh, was seven years old at the time of the
attack. Decl. of Emeleigh L. Ledgerwood (“Ledgerwood
Decl.”) (Oct. 15, 2018) ¶ 8, ECF No. 41 (sealed),
ECF No. 164 (public). Even as an adult, Emeleigh has
“had to work through [her] baggage” and has
“cried over the fact that except for pictures and
videos, [her] dad won't remember walking [her] down the
aisle, [her] graduation, or the birth of his
grandchildren.” Id. ¶ 9. Emeleigh has had
to deal with her father's condition all her life, and
learned to “recognize warning signs that he was going
to have a seizure.” Id. ¶ 8. She
“worried every time [they] got separated, truly afraid
that he had forgotten how to get back to where [they] were
supposed to meet.” Id.
Burns'
son, Nickolaus, who was six years old at the time of the
attack, has also been affected. Decl. of Nickolaus A. Burns
(“Nickolaus Burns Decl.”) (Sept. 17, 2018) ¶
8, ECF No. 41 (sealed), ECF No. 164 (public). Nickolaus found
the “effects of the attack on [his] daily life and
family life” to be “devastating.”
Id. From a young age, he realized that he
“would no longer be a child, ” but rather
“a man, who only had a short time with his
father.” Id. ¶ 13. Nickolaus attended
speech therapy with his father “as the therapist
noticed he responded better when [he] was there.”
Id. ¶ 19. While his father suffered from
post-traumatic-stress-disorder, “[they] all suffered as
he suffered.” Id. ¶ 21.
6.
Richard D. Dupree
On June
25, 1996, Richard D. Dupree was a Senior Airman in the U.S.
Air Force deployed to Saudi Arabia, stationed at Khobar
Towers in Dhahran, Saudi Arabia. Decl. of Richard D. Dupree
(“Dupree Decl.”) (Oct. 17, 2018) ¶ 3, ECF
No. 49 (sealed), ECF No. 182 (public). Just as he was about
to fall asleep, “the bed [began] shaking horribly, and
the windows blew into the room.” Id. ¶ 4.
His door additionally blew off its hinges and “knocked
[him] off the bed against the wall, and pinned [him] there,
” id., with his legs and feet covered in
shrapnel, id. ¶ 5. Ever since the attack,
Dupree's right ear hurts from loud noises. Id.
¶ 6. Though not officially diagnosed, Dupree suffers
from PTSD-like symptoms such as “hyper vigilance,
avoidance, [and] constant reliving of the event.”
Id. ¶ 8. Dupree constantly relives the day of
the attack and has “numbing feelings” whenever he
is reminded of it. Id. ¶ 11. Dupree received
the Purple Heart for his injuries. Id. ¶ 7;
id., Att. (Purple Heart Certificate, dated Aug. 26,
1996), ECF No. 49 at 6.
7.
Thomas F. Edman and One Family Member
On June
25, 1996, Thomas F. Edman was a Captain in the U.S. Air Force
deployed to Saudi Arabia, stationed at Khobar Towers in
Dhahran, Saudi Arabia. Decl. of Thomas F. Edman (“Edman
Decl.”) (Nov. 4, 2018) ¶ 4, ECF No. 50 (sealed),
ECF No. 183 (public). Edman was in the building adjacent to
the bomb, and his room was on the side where the explosion
occurred. Id. ¶ 5. The exterior walls of his
apartment were “completely blown in and off.”
Id. Edman was blown “up and against the back
wall and door frame, ” where he was hit with
“flying debris that included furnishings in the room,
concrete, glass, and other building materials.”
Id. The impact of Edman hitting the wall
“split [his] side open, fractured [his] pelvis in
several places, jammed [his] left shoulder, and bruised the
left side of [his] body including [his] left kidney.”
Id. ¶ 6. Though his physical wounds
“healed after several weeks, ” Edman still has
“mobility issues with [his] left shoulder and left hip,
hearing loss and tinnitus, and kidney issues.”
Id. ¶ 10. Due to his injuries in the attack,
Edman has received a 40% disability rating from the VA.
Id. ¶ 10; id., Att. (VA Rating
Decision, no date), ECF No. 50 at 31; id., Att. (VA
Rating Decision, dated Jan. 4, 2005), ECF No. 50 at 32;
see also id., Att. (medical records), ECF No. 50 at
12-27. In addition to the physical trauma that Edman
incurred, he suffers from PTSD-like symptoms, including lack
of sleep and other trauma. Id. ¶¶ 12-14.
These issues have “persisted for over twenty
years.” Id. ¶ 13. Edman was awarded the
Purple Heart for the injuries he sustained. Id.
¶ 9; id., Att. (Purple Heart Certificate, dated
July 2, 1996), ECF No. 50 at 29.
Edman's
wife, Elizabeth Edman, is a plaintiff in this lawsuit. She
was at home with her children watching the news when they saw
a report of the bombings, and she had the “overriding
impulse” to hide the news from her children. Decl. of
Elizabeth Edman (“Elizabeth Edman Decl.”) (Oct.
5, 2018) ¶ 5, ECF No. 50 (sealed), ECF No. 183 (public).
Edman's wife received an initial phone call from the
squadron an hour after the news report informing her to
“sit tight” as they learned more. Id.
¶ 6. After hours passed, she called to ask for news of
her husband and was informed “his name was not on any
of their three lists (injured, deceased, or okay).”
Id. Finally, thirteen hours later, she received a
call that he was in a hospital. Id. As a result of
the attack, Elizabeth has suffered “emotional distress
that also has physical manifestations.” Id.
¶ 7. She is “highly anxious” and has an
“extreme fear of bad news, ” and additionally has
“extreme guilt” that Edman returned home, while
other wives' husbands did not. Id. ¶ 8. In
addition to the anxiety and guilt, Elizabeth “still
cannot think or talk about Khobar Towers without
crying.” Id. ¶ 9. The attack has
“robbed [her husband] of spontaneous joy, left [her]
anxiety ridden, and has cast a sorrow and sadness upon both
of [them] that still lasts twenty-one years later.”
Id. ¶ 10.
8.
Christopher
A.
Freeman
On June
25, 1996, Christopher Freeman was a First Lieutenant in the
U.S. Air Force deployed to Saudi Arabia, stationed at Khobar
Towers in Dhahran, Saudi Arabia. Decl. of Christopher A.
Freeman (“Freeman Decl.”) (Oct. 12, 2018) ¶
3, ECF No. 51 (sealed), ECF No. 187 (public). Freeman was
located two buildings back from the site of the explosion.
Id. ¶ 4. The force of the explosion
“threw [him] against the wall and knocked [him]
out.” Id. ¶ 5. The force of the explosion
broke glass which caused him to suffer multiple lacerations.
Id. He was rendered unconscious and suffered from a
concussion. Id. He was taken to a makeshift hospital
where he received five stitches to stop the “continuous
blood flow.” Id. Freeman received the Purple
Heart for his injuries. Id. ¶ 6; id.,
Att. (Special Order GB-458, dated Aug. 5, 1996), ECF No. 51
at 4.
9.
Michael W. Goff
On June
25, 1996, Michael W. Goff was a Technical Sergeant in the
U.S. Air Force deployed to Saudi Arabia, stationed at Khobar
Towers in Dhahran, Saudi Arabia. Decl. of Michael W. Goff
(“Goff Decl.”) (Sept. 6, 2018) ¶ 3, ECF No.
55 (sealed), ECF No. 190 (public). Goff was in bed at the
time of the attack, and felt the “sharp sting and
burning sensation” from the glass from his window when
the explosion occurred. Id. ¶ 4. Immediately
after the explosion, Goff ran out of his suite to check on
the safety of others. Id. He was directed to an
injured airman who was “lying in a puddle of blood and
in a lot of pain.” Id. ¶ 5. Goff applied
towels to his wounds to stop the bleeding and directed the
remaining service members to evacuate and bring a stretcher
back. Id. As a result, Goff was left alone in the
building with the airman, where they could “hear wall
lockers fall, electricity arcing, and water running from
broken pipes.” Id. ¶ 5. While tending to
the airman, Goff watched as a “paint crack [grew] into
a crack an inch wide” and thought the building would
collapse underneath them. Id. No stretcher came, and
Goff and three others carried the injured member out on a bed
comforter. Id. While carrying him out, Goff slipped
twice, injuring his lower back. Id. Goff then worked
with his commander to compile a list of missing personnel,
which he then read to the squadron. Id. ¶ 6.
While doing so he “had to look into the eyes” of
the squadron who were looking to him for “help in
understanding what had just happened.” Id.
¶ 6. Goff then went to the morgue to help identify
bodies, something that has “haunted” him ever
since. Id. ¶ 13. At the morgue, Goff saw things
that he “never thought could happen to the human
body.” Id. ¶ 8. As a result of the
attack, Goff suffers from PTSD, id. ¶¶
9-10, 13, which has affected his emotional state and ability
to be in closed spaces, such as elevators, id.
¶ 9. The VA has rated Goff as 60% disabled because of
the attack at Khobar Towers. Id. ¶ 13;
id., Att. (Letter from VA, dated Dec. 14, 2017), ECF
No. 55 at 11; id., Att. (VA Rating Decision, dated
July 9, 2007), ECF No. 55 at 12- 13. Goff was awarded the
Purple Heart and Air Force Commendation Medal for wounds he
received during the attack. Id. ¶ 12;
id., Att. (Purple Heart Certificate, undated), ECF
No. 55 at 7; id., Att. (Certificate of Release or
Discharge from Active Duty, confirming medals), ECF No. 55 at
8; id., Att. (Citation to Accompany the Award of Air
Force Commendation Medal), ECF No. 55 at 10.
10.
Rudolph Grimm
On June
25, 1996, Rudolph Grimm II was a Staff Sergeant in the U.S.
Air Force deployed to Saudi Arabia, stationed at Khobar
Towers in Dhahran, Saudi Arabia. Decl. of Rudolph Grimm II
(“Grimm Decl.”) (Sept. 16, 2018) ¶ 3, ECF
No. 56 (sealed), ECF No. 192 (public). When the attack
occurred, Grimm was sitting on a chair in the medical
building, and the “next thing [he] knew [he] was lying
on the floor covered in glass and debris.” Id.
¶ 4. Grimm evacuated the building and began triage
immediately, helping other injured airmen. Id. While
performing CPR on a non-responsive airman, Grimm noticed that
he “had a large shard of glass sticking out of [his
own] left hand.” Id. ¶ 5. By performing
CPR, he had unintentionally pushed it in further.
Id. Grimm removed the shard before resuming the aid.
Id. After four hours, Grimm was seen for the
lacerations on his body, including the glass in his eyes.
Id. ¶ 6. After flushing out his eyes, Grimm
assisted in relocating the deceased airmen to the temporary
morgue. Id. ¶ 7. Upon return to the United
States, Grimm was diagnosed with PTSD that “changed
[his] life forever.” Id. ¶¶ 9, 11.
“Sights, sounds, and even smells trigger [his]
PTSD.” Id. ¶ 11. As a result of the
attacks, Grimm was awarded the Purple Heart and the VA has
rated Grimm 70% disabled, 30% attributable to his PTSD.
Id. ¶¶ 10-12; id., Att. (Purple
Heart Certificate, dated Aug. 6, 1996), ECF No. 56 at 9;
id., Att. (VA Rating Decision, dated Apr. 24, 2007),
ECF No. 56 at 6-8. For his actions during the Khobar Towers
bombing, Grimm was awarded the Air Force Commendation Medal.
Id. ¶ 12; id., Att. (Air Force
Commendation Medal Certificate, dated Dec. 2, 1996), ECF No.
56 at 12.
11.
Shawn K. Hale
On June
25, 1996, Shawn K. Hale was an Airman First Class in the U.S.
Air Force deployed to Saudi Arabia, stationed at Khobar
Towers in Dhahran, Saudi Arabia. Decl. of Shawn K. Hale
(“Hale Decl.”) (Nov. 30, 2018) ¶ 3, ECF No.
57 (sealed), ECF No. 193 (public). Hale was watching TV when
the explosion shattered the sliding glass door to his left.
Id. ¶ 4. The explosion sent shrapnel into the
room, hitting Hale in the face and in his right eye.
Id. This laceration “caused corneal damage,
along with retina and lens damage” such that he is now
virtually blind in his right eye. Id. Hale was
escorted out of the building and to the clinic where he could
“hear yelling, crying, and sounds of people moving
around [him].” Id. ¶ 5. Hale was then
taken by ambulance to a hospital where he had the first
surgery to remove the shards of glass from his eye.
Id. ¶ 6. He had additional surgery when he was
transported to Germany, and again in the District of Columbia
to replace the lens that was ruptured from the glass.
Id. ¶¶ 7-8. In total, Hale has had five
surgeries in an attempt to rectify his injuries sustained at
Khobar Towers. Id. ¶ 12. His left eye has
started to be affected by “a heavier load trying to
compensate” for the loss of vision to his right eye.
Id. ¶ 4. The injury has “affected [his]
life tremendously” as Hale is now forced to wear
sunglasses anytime he is outside and has trouble driving at
night and with depth perception. Id. ¶ 9. In
addition to the physical trauma sustained by his eye, Hale
suffers from PTSD that has made it difficult for him to be in
certain locations. Id. ¶¶ 10-11. Due to
the attack, the VA has given Hale a disability rating of 60%.
Id. ¶ 10; id., Att. (Letter from VA,
dated April 7, 2017), ECF No. 57 at 19; see also
id., Att. (medical records), ECF No. 57 at 6-18. Hale
received the Purple Heart for his injuries. Id.
¶ 13; id., Att. (Purple Heart Certificate,
dated July 2, 1996), ECF No. 57 at 24.
12.
Torrey S. Hardy
On June
25, 1996, Torrey S. Hardy was an Airman First Class in the
U.S. Air Force deployed to Saudi Arabia, stationed at Khobar
Towers in Dhahran, Saudi Arabia. Decl. of Torrey S. Hardy
(“Hardy Decl.”) (Sept. 21, 2018) ¶ 4, ECF
No. 58 (sealed), ECF No. 194 (public). When the attack
occurred, Hardy was cleaning the bathroom. Id.
¶ 5. Suddenly, Hardy felt a “tremendous
force” and “a portion of the ceiling” fell
on him. Id. The mirror in the bathroom shattered and
pieces “went into [his] left knee.” Id.
After the explosion, Hardy helped his Staff Sergeant evacuate
other personnel. Id. ¶ 6. He realized then that
the skin “on [his] left knee was hanging down and [he]
could literally reach down and move [his] actual knee
cap.” Id. Hardy “pulled the
debris” from his left knee and wrapped a sock around
the wound to slow the bleeding. Id. He continued to
assist the injured until his leg gave out on him.
Id. ¶ 7. Hardy was then transported to a
hospital to have the glass removed from his back and feet.
Id. ¶ 8. Hardy retains no feeling in his
“left foot right over the top of [his] big toe”
and attends physical therapy for both his knee and feet.
Id. ¶ 10. Though given the option to retire,
Hardy completed twenty years of service. Id. Hardy
received the Purple Heart for his injuries. Id.
¶ 13; id., Att. (Purple Heart Certificate,
dated Aug. 26, 1996), ECF No. 58 at 62; id., Att.
(Certificate of Release or Discharge from Active Duty,
confirming medal), ECF No. 58 at 8. Beyond physical injury,
Hardy additionally suffers from PTSD, the effects of which
persist to this day. Id. ¶ 15. Hardy has
received a combined disability rating of 50% from the VA for
service-related injuries. Id. ¶ 14;
id., Att. (Letter from VA Regional Office, undated),
ECF No. 58 at 65; see also id., Att. (medical
records), ECF No. 58 at 9-61.
13.
Michael J. Harner and Four Family Members
On June
25, 1996, Michael J. Harner was a service member in the U.S.
Air Force deployed to Saudi Arabia, stationed at Khobar
Towers in Dhahran, Saudi Arabia. Decl. of Michael J. Harner
(“Harner Decl.”) (Sept. 7, 2018) ¶ 4, ECF
No. 59 (sealed), ECF No. 195 (public); see also
Plaintiff Michael J. Harner's Notice of Filing of
Supplemental Declaration and Exhibit (Feb. 7, 2019), ECF No.
143 (sealed), ECF No. 196 (public). Harner had just finished
a run when he returned to his building, adjacent to the site
of the bomb. Id. ¶ 5. Harner had just closed
his sliding glass door when the explosion shattered the
glass, shooting the pieces “into [his] body over [his]
entire head and face, right arm, right shoulder and right
leg.” Id. Harner had “a compelling need
to exit [his] room” but could not until he stopped the
bleeding to his “head and body, which took
approximately ten to fifteen minutes.” Id.
Harner then made his way to a stairwell where he was carried
down six flights of stairs and transported to the triage
area. Id. ¶ 6. After being stabilized with
“an IV in each arm, ” Harner was moved to a local
hospital where surgery was performed to repair his wounds.
Id. During this time, he was not spoken to in
English and only had access to medical staff for twenty-four
hours, causing him “severe anxiety with recurring
nightmares and hypersensitivity to sounds, movements and
personnel which was later diagnosed as PTSD.”
Id. ¶¶ 6-7. Harner next was transported to
Germany where he underwent further surgery on his
“face, head, ear and shoulder.” Id.
¶ 8. The physical injuries sustained by Harner
“have been everlasting, ” and he continues to
have “no feeling in [his] right leg causing [him] to
have less strength [than] normal.” Id. ¶
10. He continues to have “glass ejected through [his]
skin” as a result of his head trauma, and the forehead
scar tissue he has built up “severely hurts every time
it is bumped, even after twenty-two years.”
Id. The attack has also caused “severe
emotional distress” and PTSD. Id. ¶¶
11-12; id., Att. (medical records), ECF No. 59 at
7-22. Harner received the Purple Heart for his injuries.
Id. ¶ 4; id., Att. (Purple Heart
Certificate, dated July 2, 1996), ECF No. 59 at 6. Harner
continued to serve in the Air Force, until January 1, 2019,
despite the “severe emotional distress and life-long
physical injuries that [] limit [his] full
capabilities.” Id. ¶ 12. Harner has
received a combined disability rating of 90% from the VA for
service-related injuries. See Supp. Decl. of Pl.
Michael J. Harner (“Harner Supp. Decl.”) ¶
6, ECF No. 143-1; id., Att. (VA Benefits Decision
Letter, dated Jan. 17, 2019), ECF No. 143-1 at 3-22.
Four of
Harner's family members are plaintiffs in this lawsuit:
his wife, Julia N. Harner; his mother, Nancy Harner; his
father, James Harner; and his sister, Michelle Caldwell. On
the morning of June 26, 1996, Harner's wife received a
call from her mother-in-law informing her of the attack on
her husband's complex. Decl. of Julia N. Harner
(“Julia Harner Decl.”) (Oct. 30, 2018) ¶ 5,
ECF No. 59 (sealed), ECF No. 195 (public). At the time, Julia
“didn't realize that ‘Khobar Towers' was
a whole complex” and instead thought that “it was
just two high rises that [her] husband lived and worked
in.” Id. Julia thought that “the
likelihood of him being dead or injured was very high.”
Id. She attempted to call to receive more
information, but “was not able to get any
answers.” Id. Her mother-in-law finally
received a call that Harner was alive but injured.
Id. When Harner returned home, Julia assisted Harner
with his recuperation and had to “pack and unpack his
leg with gauze, since part of it could not be closed
surgically.” Id. ¶ 6. Julia had to live
through a second terrorist attack when her husband was in the
Pentagon on 9/11. Id. ¶ 8. Each of Harner's
deployments have been stressful for Julia who has needed
therapy “to cope.” Id. Even now, certain
situations “can bring all of the emotional turmoil back
to the surface” for Julia. Id.
Harner's
mother, Nancy Harner, was watching the news with her family
while eating dinner when she learned of the bombing at Khobar
Towers. Decl. of Nancy S. Harner (“Nancy Harner
Decl.”) (Sept. 7, 2018) ¶¶ 4-5, ECF No. 59
(sealed), ECF No. 195 (public). “The horror and grief
[she] felt thinking [she] had lost [her] only son, or that he
was wounded and [she] could not help, was
overwhelming.” Id. ¶ 5. Nancy tried
“for hours” to get information until she received
a call from someone who said that they “had held
[Nancy's] gravely wounded son until an ambulance came,
and that he had lost a lot of blood.” Id.
Nancy then saw her son's “bandaged and bruised face
on CNN.” Id. For weeks after the attack, Nancy
“could not sleep nor work” and her “hair
turned snow white along [her] temples and forehead.”
Id. Harner's transition home has been tough for
Nancy, who felt like “he was not himself which caused
her to feel “powerless and vulnerable.”
Id. ¶ 6.
Harner's
father, James O. Harner, was watching the news with family
while eating dinner when he learned of the bombing at Khobar
Towers. Decl. of James O. Harner (“James Harner
Decl.”) (Sept. 7, 2018) ¶¶ 4-5, ECF No. 59
(sealed), ECF No. 195 (public). He could not get through for
information on the phone and “felt like there was no
hope.” Id. ¶ 5. Hours later, a nurse
called to inform them that Harner was “seriously
hurt” and “it sounded like he may not
survive.” Id. ¶ 6. James would not be
reunited with his son for days “because of the distance
and the mass confusion of the transport.” Id.
The attack on his son has caused James to be “unable to
sleep and [to suffer] from insomnia.” Id.
¶ 7. James felt responsible for the injuries that Harner
suffered as he “encouraged him to join the
military.” Id. ¶ 8. James'
relationship with his son has changed, “not for the
better because of the attack” and finds himself
constantly worrying “that something might happen to
him.” Id.
Harner's
sister, Michelle Caldwell, first learned of the attack from a
news report as she ate dinner with her family. Decl. of
Michelle A. Caldwell (“Caldwell Decl.”) (Sept. 7,
2018) ¶¶ 4, 6, ECF No. 59 (sealed), ECF No. 195
(public). Michelle was informed hours later that her brother
“was alive, but had lost a lot of blood and had severe
head and leg injuries.” Id. ¶ 7. As a
result of the attack on her brother, Michelle experiences
“extreme grief and distress, ” id.
¶¶ 5, 9, and avoids certain locations.
14.
Gregory R. Hedglin
On June
25, 1996, Gregory Richard Hedglin was a Staff Sergeant in the
U.S. Air Force deployed to Saudi Arabia, stationed at Khobar
Towers in Dhahran, Saudi Arabia. Decl. of Gregory Richard
Hedglin (“Hedglin Decl.”) (Nov. 8, 2018) ¶
3, ECF No. 60 (sealed), ECF No. 197 (public). Hedglin was
sitting next to a sliding glass door on his patio when he saw
“a very bright white light.” Id. ¶
4. The explosion knocked out the lights and Hedglin was left
in darkness, and then “felt liquid on [his] face and
throat. [He] could smell and taste blood.” Id.
After evacuating the building with two other service members,
he checked himself once he got outside and realized that his
“tee shirt was soaked in blood” and he
“wrapped [his neck] with a tee shirt someone gave
[him].” Id. ¶¶ 4-5. He was moved to
the triage area, and then to the hospital to be treated for
wounds on his face, neck, right arm and leg. Id.
¶ 5. Hedglin underwent surgery for “life
threatening wounds” as his “external jugular was
nicked” and was hemorrhaging. Id. ¶ 6.
Hedghlin's right ear drum was also perforated.
Id. Hedglin also suffers from PTSD from the attack
and this condition “[impedes him] from enjoying a
normal life.” Id. ¶ 7; id., Att.
(medical records), ECF No. 60 at 10. He received the Purple
Heart for his injuries. Id. ¶ 8; id.,
Att. (Purple Heart Certificate, dated July 2, 1996), ECF No.
60 at 11; id., Att. (Certificate of Release or
Discharge from Active Duty, confirming medal), ECF No. 60 at
5. As a result of the injuries received during the attack,
Hedglin received a 20% disability rating from the VA.
Id. ¶ 6; id., Att. (Letter from VA
Regional Office, Oct. 21, 2002), ECF No. 60 at 7-8.
15.
David P. Jordan and One Family Member
On June
25, 1996, David P. Jordan was a service member in the U.S.
Air Force deployed to Saudi Arabia, stationed at Khobar
Towers in Dhahran, Saudi Arabia. Decl. of David P. Jordan
(“Jordan Decl.”) (filed Dec. 28, 2018) ¶ 4,
ECF No. 61 (sealed), ECF No. 203 (public). The force of the
explosion threw him against the wall, knocking him
unconscious. Id. ¶ 5. When Jordan “came
to” he was “covered in broken glass with multiple
lacerations and cuts on [his] legs, arms, and head.”
Id. Jordan was treated at the clinic at Khobar
Towers, where they bandaged his wounds. Id. ¶
6. Jordan has “developed PTSD from the blast, ”
along with associated issues. Id. ¶ 7.
Jordan's
wife, Ruth Gordon, is a plaintiff in this lawsuit. On June
25, 1996, his wife learned of the attack when her
brother-in-law called to inform her. Decl. of Ruth A. Jordan
(“Ruth Jordan Decl.”) (Sept. 20, 2018) ¶ 5,
ECF No. 61 (sealed), ECF No. 203 (public). After she learned
of the attack, “it took the base two days to let [her]
know [Jordan] was not among the dead.” Id.
Since the attack, Jordan's “quality of life changed
dramatically” and the “situation has been
difficult to handle” for his wife. Id. ¶
6. As a result of the attack, she has “endured extreme
mental pain, suffering, grief and anguish, and sustained
emotional injury and loss.” Id. ¶ 7.
16.
Patrick Kick
On June
25, 1996, Patrick H. Kick was a Senior Airman in the U.S. Air
Force deployed to Saudi Arabia, stationed at Khobar Towers in
Dhahran, Saudi Arabia. Decl. of Patrick H. Kick (“Kick
Decl.”) (Sept. 10, 2018) ¶ 3, ECF No. 62 (sealed),
ECF No. 204 (public). Kick had just finished a run at the
time of the explosion. Id. ¶ 4. Immediately
after the explosion, and even though Kick was injured in the
attack, receiving cuts and lacerations to both legs, hands,
and arms, he cleaned his own wounds “and responded to
the bomb site” and “assisted with pulling
comrades out, [and] secured the deceased.” Id.
Kick was then tasked to provide “personal security for
the on-site commander and task force.” Id.
Kick suffers from dizziness “that last[s] up to two
weeks at a time and happens a few times a year, headaches,
sinusitis, and fatigue.” Id. ¶ 5. Kick
additionally suffers from PTSD which, in addition to other
symptoms, makes it hard for him to visit “[c]rowded
areas” and hear loud noises. Id. ¶ 8.
Kick has received a 30% disability rating from the VA as a
result of the attack on Khobar Towers. Id. ¶ 7;
id., Att. (Letter from VA, dated Sept. 5, 2017), ECF
No. 62 at 10; see also id., Att. (medical records),
ECF No. 62 at 11-12. Kick was awarded both an Air Force
Commendation Medal and the Purple Heart. Id.
¶¶ 6, 11; id., Att. (Air Force
Commendation Medal Certificate, dated Jan. 14, 1997), ECF No.
62 at 13; id., Att. (Purple Heart Certificate, dated
May 13, 1999), ECF No. 62 at 7; id., Att.
(Certificate of Release or Discharge from Active Duty,
confirming medals), ECF No. 62 at 5.
17.
Willard A. Brewster
On June
25, 1996, Willard A. Brewster was a service member in the
U.S. Air Force deployed to Saudi Arabia, stationed at Khobar
Towers in Dhahran, Saudi Arabia. Decl. of Willard A. Brewster
(“Brewster Decl.”) (Sept. 12, 2018) ¶ 3, ECF
No. 63 (sealed), ECF No. 158 (public). Brewster had his back
to a large window in the building adjacent to the explosion.
Id. ¶ 4. “The force of the blast
propelled [him] into the opposite concrete wall.”
Id. Brewster was knocked unconscious, and when he
woke up he tried to make his way out of the building.
Id. ¶¶ 4-5. He was stopped and advised
“not to move [his] left arm too much, ” as he had
a “substantial open wound” on his left elbow,
with “severed tendons.” Id. ¶ 5. He
was triaged in a parking lot, and then had surgery in a Saudi
Arabian hospital. Id. Brewster continues to
experience pain in his elbow during cold weather.
Id. In addition to physical injury, Brewster suffers
from PTSD as a result of the attack. Id. ¶ 9.
His PTSD causes him to have nightmares, sleepless nights, and
high anxiety “whenever there are sudden noises.”
Id. The VA has given Brewster a disability rating of
90% because of injuries suffered during the attack.
Id.; id., Att. (VA Rating Decision, dated
March 17, 2015), ECF No. 61 at 32-52; see also id.,
Att. (medical records), ECF No. 61 at 8-27. Brewster received
the Purple Heart for his injuries. Id. ¶ 7;
id., Att. (Purple Heart Certificate, dated July 2,
1996), ECF No. 61 at 28.
18.
Randy W. Hooker
On June
25, 1996, Randy W. Hooker was an Airman First Class in the
U.S. Air Force deployed to Saudi Arabia, stationed at Khobar
Towers in Dhahran, Saudi Arabia. Decl. of Randy W. Hooker
(“Hooker Decl.”) (Sept. 6, 2018) ¶ 3, ECF
No. 64 (sealed), ECF No. 198 (public). Hooker was walking
back to the barracks when a large flash of light happened,
followed by “an immense amount of pressure and
deafening noise” that knocked him to the ground.
Id. ¶¶ 4-5. Hooker entered Building 131,
the site of the blast, to rescue the wounded. Id.
¶ 6. On one of “multiple trips to the upper
floors, ” Hooker provided self-aid and buddy care to an
airman who had been “impaled by debris in his chest and
abdomen.” Id. ¶¶ 6-7. After
evacuating the injured airmen, Hooker returned to make
“several more trips into the building and [assist]
where [he] could.” Id. ¶ 7. “Some
of the airmen [they] found had already died from bleeding out
or being crushed by debris. Others were severely disfigured
by flying debris or were impaled by other objects.”
Id. Hooker then was transported to the makeshift
trauma area where he was treated for injuries to his left
knee and right wrist and the lacerations on his arms.
Id. ¶ 8. As a result of the attack, Hooker
suffers from PTSD. Id. ¶ 10. Just to be able to
sleep, Hooker has to take medication “due to vivid
dreams of the events from the night of the bombing.”
Id. Hooker additionally suffers from flashbacks and
does not feel comfortable in crowds. Id.
¶¶ 11-12. Hooker finds it hard to trust people and
can “easily detach from people.” Id.
¶ 13. He has received a disability rating of 60% from
the VA for injuries sustained during the attack. Id.
¶ 14; id., Att. (VA Rating Decision, dated May
7, 2018), ECF No. 64 at 7. Hooker was awarded the Purple
Heart and an Air Force Commendation Medal. Id.
¶ 15; id., Att. (Purple Heart Certificate,
dated Aug. 8, 1996), ECF No. 64 at 9; id., Att. (Air
Force Commendation Medal Certificate, dated June 26, 1996),
ECF No. 64 at 10; id., Att. (Certificate of Release
or Discharge from Active Duty, confirming medals), ECF No. 64
at 6.
19.
Stephen K. Johnson and Three Family Members
On June
25, 1996, Stephen K. Johnson was a Staff Sergeant in the U.S.
Air Force deployed to Saudi Arabia, stationed at Khobar
Towers in Dhahran, Saudi Arabia. Decl. of Stephen K. Johnson
(“Johnson Decl.”) (Sept. 10, 2018) ¶ 4, ECF
No. 65 (sealed), ECF No. 202 (public). Johnson was in his
bedroom at the time of the attack, and the blast knocked him
unconscious for “fifteen to twenty minutes, ”
until he was found by fellow residents in the building and
taken to the triage area where he was tested for a
concussion. Id. ¶¶ 5-6. Though Johnson had
a traumatic brain injury, he then helped to evacuate other
victims. Id. ¶ 6. When Johnson returned to the
United States, he developed symptoms of anxiety and was
diagnosed with generalized anxiety disorder, including
avoiding loud noises and crowds. Id. ¶¶ 8,
10. As a result of the attack, the VA has assigned Johnson a
disability rating of 50%. Id. ¶ 9;
id., Att. (Letter from VA, dated June 27, 2018), ECF
No. 65 at 24-25; see also id., Att. (medical
records), ECF No. 65 at 13-23. Johnson was awarded the Purple
Heart and the Air Force Achievement Medal for his injuries.
Id. ¶ 11; id., Att. (Purple Heart
Certificate, dated Aug. 7, 1996), ECF No. 65 at 26;
id., Att. (Air Force Commendation Medal Certificate,
dated Nov. 26, 1996), ECF No. 65 at 28; id., Att.
(Certificate of Release or Discharge from Active Duty,
confirming medals), ECF No. 65 at 6.
Three
of Johnson's family members are plaintiffs in this
lawsuit: his wife, Jessica Jordan; and his two sons, Stephen
Johnson II, and Ryan Johnson. Johnson's wife learned of
the attack while watching CNN, Decl. of Jessica D. Johnson
(“Jessica Johnson Decl.”) (Oct. 29, 2018)
¶¶ 4-5, ECF No. 65 (sealed), ECF No. 202 (public),
and she contacted the squadron, “who advised they had
no idea about the attack, ” id. ¶ 5. She
was “terrified [her] husband may have died in the
attack.” Id. She received a very brief call
from Johnson, enough for him to say “I'm alive. I
love you, goodbye, ” but she did not learn that he was
injured until she spoke to him again two weeks later.
Id. ¶ 6. When Johnson returned home, his wife
“immediately noticed that he was no longer focused,
easily distracted, and always staring off into space.”
Id. ¶ 7. She feels that Johnson has
“abandoned the family mentally, physically and
emotionally as a direct or indirect result of the Khobar
Towers attack, ” id. ¶ 9, and as a
result, she experiences extreme grief and distress due to the
injuries to her husband, id. ¶¶ 10-11.
Stephen
Johnson was six years old at the time of the attack, Decl. of
Stephen K. Johnson II (“Stephen Johnson Decl.”)
(Sept. 10, 2018) ¶¶ 4-5, ECF No. 65 (sealed), ECF
No. 202 (public), and remembers “feeling very scared
for [his] father, who [he] had not seen for a month”
and being scared for his mother who was “juggling
taking care of him and [his] one-year old brother.”
Id. ¶ 5. Stephen Johnson experiences
“extreme grief and distress” as a result of the
injuries to his father. Id. ¶ 7.
Ryan
Johnson “experienced and continue[s] to experience,
extreme grief and distress as a result of the injuries to
[his] father.” Decl. of Ryan W. Johnson (“Ryan
Johnson Decl.”) (Oct. 31, 2018) ¶¶ 4, 6, ECF
No. 65 (sealed), ECF No. 202 (public). He has “grown up
with a father who has anxiety issues” which led Ryan
Johnson to be “anxious and apprehensive as well,
particularly when around him.” Id. ¶ 6.
20.
Dana S. Rozelle
On June
25, 1996, Dana Rozelle was a service member in the U.S. Air
Force deployed to Saudi Arabia, stationed at Khobar Towers in
Dhahran, Saudi Arabia. Decl. of Dana S. Rozelle
(“Rozelle Decl.”) (Nov. 8, 2018) ¶ 3, ECF
No. 80 (sealed), ECF No. 226 (public). Rozelle was preparing
for a college final at the time that the blast occurred.
Id. ¶ 4. “All of a sudden there was this
horrendous roar and stuff flying at [her].”
Id. Rozelle noticed that her “windows were
missing and the metal shades that covered the windows were on
[her] nightstand.” Id. She began to exit the
room, but returned to grab a pair of shoes and towels for an
injured airman. Id. ¶ 5. Rozelle then assisted
in searching other suites to make sure other airmen were not
trapped. Id. “[She] had to crawl under and
over doors that were blown off the hinges and other debris
blown around in the rooms.” Id. When she was
outside helping to bring bedding and water from the orderly
room, Rozelle saw “a huge orange fireball along the
fence, ” and a panic ensued because it was believed
that insurgents were climbing the fence. Id. ¶
6. She fled to the dining hall, which was so full of injured
people that “[y]ou had to step over them to move
about.” Id. ¶ 7. As a result of the
attack on Khobar Towers, Rozelle suffered from hearing loss,
multiple lacerations and bruises, and trauma to her
extremities. Id. ¶ 10. She additionally has
developed PTSD, which causes her to “get angry
easily” and become “very anxious in crowds and
heavy traffic.” Id. ¶ 11. Rozelle has had
panic attacks brought on by “a flash of lightening and
a clap of thunder.” Id. She attended therapy
for her PTSD for a short time. Id. ¶ 13. The VA
has given Rozelle a combined 70% disability rating, 50% for
her PTSD, 10% for tinnitus, and 20% for shoulder issues.
Id. ¶ 13; id., Att. (Letter from VA
Regional Office, dated Aug. 13, 2012), ECF No. 80 at 16-18;
id., Att. (VA Rating Decision, dated Aug. 8, 2012),
ECF No. 80 at 22-26; see also id., Att. (medical
records), ECF No. 80 at 11-13. Rozelle was awarded the Purple
Heart for her injuries. Id. ¶ 14; id.,
Att. (Purple Heart Certificate, dated Aug. 26, 1996), ECF No.
80 at 27; id., Att. (Certificate of Release or
Discharge from Active Duty, confirming medal), ECF No. 80 at
9.
21.
Joseph D. Stroud
On June
25, 1996, Joseph D. Stroud was a Senior Airman in the U.S.
Air Force deployed to Saudi Arabia, stationed at Khobar
Towers in Dhahran, Saudi Arabia. Decl. of Joseph D. Stroud
(“Stroud Decl.”) (Dec. 27, 2018) ¶ 3, ECF
No. 81 (sealed), ECF No. 239 (public). Stroud was shaving in
his bathroom when he “heard a loud gust of wind and
doors slamming, then felt the explosion.” Id.
¶ 4. The broken end of a coat hook on the door
penetrated his shoulder and the door pinned him to the floor.
Id. Stroud was able to exit the bathroom and found
his roommate “badly injured and barely
conscious.” Id. ¶ 5. He picked him up and
carried him down two flights of stairs and “what must
have been two or three city blocks” to the clinic.
Id. Stroud then went back to the building to find
his other roommate and help sweep the building. Id.
¶¶ 5-6. Stroud returned to the clinic where he
helped carry the injured and mop blood until his own injuries
were noticed. Id. ¶ 7. Stroud was sent to the
makeshift hospital in the dining hall, where he was told that
they were low on Novocain and asked if he could be stitched
up without it. Id. The attack on Khobar Towers has
left Stroud with “severe back pain” that he has
endured for years and he has even been told that there
“may still be glass shards on [his] spine.”
Id. ¶ 8. In addition to physical injury, Stroud
has suffered from severe depression, which he has attempted
to self-medicate with alcohol. Id. ¶ 10;
see also id., Att. (medical records), ECF No. 81 at
6. Stroud received the Purple Heart for his injuries.
Id. ¶ 9; id., Att. (Purple Heart
Certificate, dated Aug. 8, 1996), ECF No. 81 at 7;
id., Att. (Certificate of Release or Discharge from
Active Duty, confirming medals), ECF No. 81 at 5.
22.
Kenneth L. Sturdivant
On June
25, 1996, Kenneth L. Sturdivant was a Master Sergeant in the
U.S. Air Force deployed to Saudi Arabia, stationed at Khobar
Towers in Dhahran, Saudi Arabia. Decl. of Kenneth L.
Sturdivant (“Sturdivant Decl.”) (Sept. 20, 2018)
¶ 3, ECF No. 82 (sealed), ECF No. 240 (public).
Sturdivant was getting ready for bed and was about to turn
out his lights when he “heard a loud explosion, which
caused [him] to be disoriented.” Id. ¶ 4.
Sturdivant gathered himself and began to help people evacuate
the building. Id. His commander then told him that
he was bleeding, and he found that he had glass fragments in
his leg. Id. The attack resulted in Sturdivant
sustaining multiple lacerations and glass shrapnel wounds on
both of his legs. Id. ¶ 5. In addition to these
physical injuries, Sturdivant now suffers from PTSD as a
result of the attack, which “changed [his] life
forever.” Id. ¶¶ 8-9. The VA has
assigned Sturdivant a disability rating of 20% from the
bombing. Id. ¶ 7; id., Att. (Letter
from VA, dated Dec. 26, 2013), ECF No. 82 at 7. Sturdivant
received the Purple Heart for his injuries. Id.
¶ 10; id., Att. (Purple Heart Certificate,
dated Aug. 8, 1996), ECF No. 82 at 8; id., Att.
(Certificate of Release or Discharge from Active Duty,
confirming medal), ECF No. 82 at 5.
23.
Bryan D. Scott and Four Family Members
On June
25, 1996, Bryan Scott was a Senior Airman in the U.S. Air
Force deployed to Saudi Arabia, stationed at Khobar Towers in
Dhahran, Saudi Arabia. Decl. of Bryan Scott (“Scott
Decl.”) (Sept. 25, 2018) ¶ 4, ECF No. 84 (sealed),
ECF No. 234 (public). At the time of the explosion, Scott was
standing five feet from a large sliding glass door.
Id. ¶ 5. The force of the explosion threw him
twenty feet across the room, head first into a concrete wall.
Id. “When [he] woke up, [he] had glass shards
throughout [his] body.” Id. Scott got up and
helped to carry another injured service member out of the
building on a blanket. Id. Once outside, Scott
realized that his wounds were worse than he thought, and used
a shirt to staunch the bleeding from his head, arms, legs and
body. Id. ¶ 6. Scott has had significant and
severe back issues since returning from deployment.
Id. ¶ 7. Scott saw a chiropractor at least
three times a week for thirteen years until
“[e]ventually [he] had back surgery to try to ease the
pain. When the doctor performed the surgery, it was worse
than he thought.” Id. Even after his back
surgery, Scott is still in daily pain and is unable to
“run, or play sports.” Id. ¶ 8. The
VA has assigned a disability rating of 60% to Scott in
connection with the Khobar Towers attack. Id., Att.
(Letter from VA, dated July 4, 2018), ECF No. 84 at 84-85;
cf. Id. ¶ 9 (stating that service member
plaintiff's VA disability rating is 70%, but without
supporting documentation); see also id., Att.
(medical records), ECF No. 84 at 7-83. Scott received the
Purple Heart for his injuries. Id. ¶ 12;
id., Att. (Purple Heart Certificate, dated Aug. 26,
1996), ECF No. 84 at 86; id., Att. (Certificate of
Release or Discharge from Active Duty, confirming medals),
ECF No. 84 at 5-6.
Four of
Scott's family members are plaintiffs in this lawsuit:
his mother, Connie Sturgill; his father, Michael Scott; and
his two brothers, Michael Scott II, and Jonathan Scott. On
the day of the attack, Scott's mother, Connie Sturgill,
had just returned home from a shift as a surgical nurse when
she received a call from a friend of her son asking if she
had heard from him since the attack. Decl. of Connie Sturgill
(“Sturgill Decl.”) (Dec. 27, 2018) ¶¶
4-5, ECF No. 84 (sealed), ECF No. 234 (public). “There
are no words to even begin to describe the numb anguish,
hollow panic [she] felt, not knowing if [her] son was dead or
alive.” Id. ¶ 6. Sturgill called various
numbers but was unable to receive any information about the
bombing. Id. In the afternoon of the next day,
Sturgill finally received a call from Scott stating that he
was alive and safe. Id. ¶ 8. Though her
“son's return home was joyous, ” Sturgill
suffered and continues to suffer extreme grief and distress
as result of the attack. Id. ¶¶ 9, 11.
Sturgill has supported Scott, and has even taken off work to
care for him while he recovered from surgery. Id.
¶ 10.
After
Scott's father, Michael G. Scott, learned that his son
“was wounded from the attack, [he] was concerned
because [he] could not contact him and find out the extent of
his injuries.” Decl. of Michael G. Scott
(“Michael G. Scott Decl.”) (Dec. 27, 2018)
¶¶ 4-5, ECF No. 84 (sealed), ECF No. 234 (public).
Scott was reunited with his son after six months and found it
“extremely painful” to wait to see his son in
person to “judge his recovery condition.”
Id. ¶ 6. As a result of the attack, Scott
experiences “extreme grief and distress.”
Id. ¶ 7.
Scott's
brother, Michael, first learned about the attack from one of
Scott's friends. Decl. of Michael Scott II
(“Michael Scott II Decl.”) (Sept. 11, 2018)
¶ 5, ECF No. 84 (sealed), ECF No. 234 (public). They did
not have any news of whether Scott had survived until he was
able to call their mother to say that he was alive.
Id. ¶ 7. “During that time, each of
[them] suffered painfully not knowing what the outcome was
going to be for him, and how it would change [their]
family.” Id. ¶ 5. This “uncertainty
affected [Michael Scott's] focus and job performance at
work.” Id. ¶ 6. The attack on his brother
has also “altered [his] mood, which affected [his]
personal relationships.” Id. Since his
brother's return, Michael has “suffered mental
anguish, experienced anger and aggression by watching him
suffer.” Id. ¶ 8.
Scott's
other brother, Jonathan, learned from his mother that his
brother was at the site of the bombing. Decl. of Jonathan L.
Scott (“Jonathan Scott Decl.”) (Dec. 27, 2018)
¶¶ 4-5, ECF No. 84 (sealed), ECF No. 234 (public).
“[They] didn't hear from Bryan for almost a full
day. As the hours got longer [they] all thought that the news
was bad.” Id. ¶ 6. When Jonathan finally
saw his brother get off the plane in Kentucky it was
“like Christmas Day.” Id. ¶ 7.
Jonathan decided to “postpone [his] career for a year
to help him recover, ” id. ¶ 8, but
“it [has] been terrible” watching his brother
struggle with his back injuries, “and even worse his
behavior quirks since the attack, ” id. ¶
9.
24.
Brian E. Volk
On June
25, 1996, Brian Volk was a Sergeant in the U.S. Air Force
deployed to Saudi Arabia, stationed at Khobar Towers in
Dhahran, Saudi Arabia. Decl. of Brian E. Volk (“Volk
Decl.”) (Nov. 6, 2018) ¶ 3, ECF No. 85 (sealed),
ECF No. 246 (public). Volk was preparing for work when the
bomb went off. Id. ¶ 4. The force of the bomb
caused the nearby sliding glass door to shatter and cover
Volk and his friend with glass and metal. Id.
“[They] flew into the concrete wall behind [them], and
[he] was knocked unconscious for about 20 seconds.”
Id. Volk woke up to a cut over his right eye, glass
in his arm, and metal in his hip. Id. ¶ 5.
Though his “ears were ringing” and his
“eyes were full of blood, ” Volk used his medical
kit and headed towards the blast site to assist others.
Id. ¶¶ 5-6. After Volk assisted in
rescuing two service members, Volk was treated at the trauma
center. Id. ¶¶ 6-7. As a result of the
attack, Volk required surgery to repair a “torn right
eyelid; [] approximately seven sutures on [his] right
forearm; and one suture on the right eye.” Id.
¶ 8. The explosion has left Volk's face
“disfigured.” Id. Volk has additionally
required a kidney transplant, and suffers from a brain
ischemia. Id. ¶ 9. Besides physical injury,
Volk has been diagnosed with PTSD. Id. ¶ 7. The
VA has assigned Volk a combined disability rating of 100%.
Id. ¶ 10; id., Att. (Letter from VA,
dated July 8, 2018), ECF No. 85 at 40; id., Att. (VA
Rating Decision, dated Jan. 27, 2014), ECF No. 85 at 34-39;
see also id., Att. (medical records), ECF No. 85 at
6-33. Volk received the Purple Heart Award for his injuries.
Id. ¶ 11; id., Att. (Purple Heart
Certificate, dated Aug. 5, 1996), ECF No. 85 at 42.
25.
Zachary S. Sutton
On June
25, 1996, Zachary S. Sutton was a Senior Airman in the U.S.
Air Force deployed to Saudi Arabia, stationed at Khobar
Towers in Dhahran, Saudi Arabia. Decl. of Zachary S. Sutton
(“Sutton Decl.”) (Sept. 21, 2018) ¶ 3, ECF
No. 86 (sealed), ECF No. 241 (public). Sutton was just
falling asleep when the explosion threw him from his bed.
Id. ¶ 4. Despite the fact that Sutton had
received several cuts to his head and face, he remained on
site to administer first aid and transport wounded service
members to triage. Id. ¶¶ 4-5. Sutton then
went to the triage area where he received sutures and had a
piece of glass removed from his eye. Id. ¶ 5.
Sutton now suffers from PTSD as a result of the attack,
id. ¶ 6, and no longer goes out in public if
there are crowds due to panic attacks, id. ¶ 7.
Sutton has received a combined disability rating of 60% from
the VA due to service-related injuries. Id. ¶
6; id., Att. (Letter from VA, dated Dec. 12, 2016),
ECF No. 86 at 14; see also id., Att. (medical
records), ECF No. 86 at 7-8. Sutton received the Purple Heart
and Air Force Commendation Medal. Id. ¶¶
5, 8; id., Att. (Purple Heart Certificate, dated
Aug. 26, 1996), ECF No. 86 at 9; id., Att. (Air
Force Commendation Medal Certificate, dated Oct. 23, 1996),
ECF No. 86 at 15-16; id., Att. (Certificate of
Release or Discharge from Active Duty, confirming medals),
ECF No. 86 at 5-6.
26.
Clifford L. Thomas and Four Family Members
On June
25, 1996, Clifford L. Thomas was a service member in the U.S.
Air Force deployed to Saudi Arabia, stationed at Khobar
Towers in Dhahran, Saudi Arabia. Decl. of Clifford L. Thomas
(“Thomas Decl.”) (Oct. 23, 2018) ¶ 4, ECF
No. 87 (sealed), ECF No. 242 (public). Thomas was in his
bedroom when the explosion forced him into his wall locker
which collapsed on him, knocking him unconscious.
Id. ¶ 5. When he became conscious, Thomas made
his way outside the building and was helped to his meeting
place. Id. The explosion had caused multiple
lacerations, shrapnel wounds from glass, and a concussion and
traumatic brain injury. Id. Thomas was taken for
treatment to King Fizel University Hospital, where he was
hospitalized for the concussion for three days. Id.
¶¶ 5-6. In addition to physical injury, Thomas now
suffers from PTSD from the attack, which condition has caused
him “difficulty at home, at work, and at all social
functions.” Id. ¶ 7. The VA has assigned
Thomas a 50% disability rating for his PTSD, and a combined
disability rating of 100%. Id.; id., Att.
(VA Rating Decision, undated), ECF No. 87 at 7-8;
id., Att. (medical records), ECF No. 87 at 6. Thomas
received the Purple Heart Award for his injuries.
Id. ¶ 8; id., Att. (Certificate of
Release or Discharge from Active Duty, confirming medal), ECF
No. 87 at 5.
Four of
Thomas' family members are plaintiffs in this lawsuit:
his wife, Margaret Thomas; his daughter, Camilla
Thomas-Harris; and his two sons, Cedrick Thomas and Adrian
Thomas. Thomas' wife, Margaret Thomas, was at a class
when she received an “extremely disturbing” call
from her children that their father was in the Khobar Towers
attack. Decl. of Margaret L. Thomas (“Margaret Thomas
Decl.”) (Sept. 10, 2018) ¶¶ 4-5, ECF No. 87
(sealed), ECF No. 242 (public). Her “children were
screaming and crying, totally in fear and upset as they
screamed that their father had been blown up in a bombing.
They had heard a news report on the evening news.”
Id. ¶ 5. She raced home to comfort her children
and was in “total fear and heart-wrenching agony for at
least twelve to eighteen hours, not knowing if [her] husband
was alive or dead” until she received a call the next
day from her husband's First Sergeant. Id. She
was told that he had been injured and was at an off-base
hospital. Id. Once Thomas returned home, Margaret
Thomas took care of her husband as she was not working that
summer. Id. ¶ 6. The “psychological and
emotional distress and memory” of the attack still
affect Margaret Thomas to this day, and she has
“suffered watching [her] husband suffer from the
symptoms of PTSD.” Id. ¶ 7.
Thomas'
daughter, Camilla Thomas-Harris, was fourteen years old at
the time of the attack. Decl. of Camilla T. Thomas-Harris
(“Camilla Thomas-Harris Decl.”) (Sept. 11, 2018)
¶¶ 4-5, ECF No. 87 (sealed), ECF No. 242 (public).
Camilla was at home when a relative called to tell her to
turn on the news, where she saw the remnants of her
father's dorm after the bombing. Id. ¶ 5.
This news was “traumatic” and she
“immediately thought [her] father was dead.”
Id. Her brother called to alert her mother, but they
did not learn anything about their father for twelve to
eighteen hours. Id. Once her father returned home,
she “helped where [she] could” and helped her
mother care for her father by “giving him his
medication and [] proper wound care.” Id.
¶ 6. While most of her classmates “were preparing
for their first year of high school, [she] was preparing and
dealing with helping [her] father get back to normal, and
learning how to cope with him having PTSD.”
Id. She suffers from the effects of the
“emotional and psychological distress” that the
memory of the event has on her. Id. ¶ 7. Even
now, when she “see[s] or hear[s] of a bombing or
shooting, [she] regress[es] back to [her] experience from
that evening in 1996.” Id.
Thomas'
son, Cedrick Thomas, was sixteen years old at the time of the
attack. Decl. of Cedrick C. Thomas (“Cedrick Thomas
Decl.”) (Oct. 15, 2018) ¶¶ 4-5, ECF No. 87
(sealed), ECF No. 242 (public). Cedrick received a call from
a relative that he should turn on the news, where he saw the
bombed building in which his father was staying. Id.
¶ 5. Cedrick then had to call his mother and inform her
of the news of the attack on Khobar Towers. Id.
¶ 6. “Experiencing her reaction by phone while
managing [his] siblings' reactions and, at the same time,
believing [his] father had been killed made the situation the
most emotionally fearful time in [his] life.”
Id. Cedrick did not know that his father survived
until eighteen hours later. Id. ¶ 5. Once his
father was home, his father began displaying signs of PTSD.
Id. ¶ 7. Cedrick has “continued to feel
the effects of his [father's] PTSD, even after [he] left
home and began [his] own family well into [his] late
twenties.” Id. He had to act “as an
emotional care-giver” to both his mother and his
father. Id. ¶ 8. Having to “assist [his]
parents in this manner proved to be difficult and stressful
for [him].” Id.
Thomas'
other son, Adrian Thomas, was twelve at the time of the
attack. Decl. of Adrian D. Thomas (“Adrian Thomas
Decl.”) (Sept. 20, 2018) ¶¶ 4-5, ECF No. 87
(sealed), ECF No. 242 (public). Once he saw the news report
that there was a bombing at Khobar Towers, Adrian was
“scared, crying, screaming and overtaken with
grief.” Id. ¶ 5. He was in “total
fear, heart-wrenching agony, and unprecedented grief for at
least eighteen hours, not knowing the state of [his]
father.” Id. The effects of the attack on his
father have taken “many forms” in Adrian
Thomas' life, causing “severe anxiety” and
other symptoms. Id. ¶ 8. The “traumatic
experience” has been “life lasting” and is
an “ongoing healing process” for Adrian Thomas.
Id. ¶ 9.
27.
Robert G. Siler
On June
25, 1996, Robert G. Siler was a service member in the U.S.
Air Force deployed to Saudi Arabia, stationed at Khobar
Towers in Dhahran, Saudi Arabia. Decl. of Robert G. Siler
(“Siler Decl.”) (Oct. 26, 2018) ¶ 3, ECF No.
88 (sealed), ECF No. 236 (public). Siler was asleep at the
time of the attack and was woken by falling debris.
Id. ¶ 4. He felt his way out of the room and
accidentally stepped on his friend who was on the ground
“wet with blood, but breathing.” Id.
Siler instructed another service member to exit and carried
his friend out of the building over his shoulder.
Id. Once outside, he loaded his friend on a bus to
be taken to triage. Id. ¶ 5. At triage,
“personnel saw that [he] was covered in blood”
and transferred Siler to a safe zone, where he was given pain
medication. Id. ¶ 6. Siler would have to wait
thirty-six hours before he was able to make a three-minute
phone call to his family. Id. ¶ 7. As a result
of the attack, Siler suffered from “a separated
shoulder, [] a concussion, multiple lacerations, [] glass
shrapnel wounds to [his] head and body, black eyes, and
facial bruising.” Id. ¶ 8. Siler
continues to have “chronic pain and limited use of
[his] shoulder.” Id. ¶ 10. The VA has
given Siler a disability rating of 40% due to physical
injuries. Id. ¶ 11; id., Att. (Letter
from VA, dated July 29, 2014), ECF No. 88 at 19; see also
id., Att. (medical records), ECF No. 88 at 6-18. In
addition, Siler suffers from PTSD which causes him to have
trouble sleeping, become “very jumpy” when
startled, and “fearful.” Id. ¶ 11.
Siler received the Purple Heart and the Air Force Achievement
Medal. Id. ¶ 9; id., Att. (Certificate
of Release or Discharge from Active Duty, confirming medals),
ECF No. 88 at 5.
28.
Leighton Reid and One Family Member
On June
25, 1996, Leighton Reid was a service member in the U.S. Air
Force deployed to Saudi Arabia, stationed at Khobar Towers in
Dhahran, Saudi Arabia. Decl. of Leighton J. Reid (“Reid
Decl.”) (Nov. 11, 2018) ¶ 4, ECF No. 89 (sealed),
ECF No. 222 (public). Reid was taking a smoke break when he
first noticed “a suspicious individual standing next to
a vehicle parked on the grass” close to his building.
Id. ¶ 5. Reid observed as the individual
“flashed the headlights of the vehicle three
times.” Id. A couple of minutes later, he
heard “what [he] thought were three distinct rifle
shots, that turned out to be the detonators on the explosive
laden vehicle that was trying to back into building 131 next
door.” Id. The force of the explosion slammed
Reid into a metal desk, knocking him out briefly.
Id. He immediately began to provide aid for injured
airmen and helped to initiate the search and rescue for his
building. Id. ¶ 6. Though he attempted to
staunch the bleeding of one profusely injured airman, that
airman passed away in Reid's arms. Id. Reid
himself was injured but received only self-aid for
“several nights.” Id. ¶ 7. The
explosion had caused Reid to suffer from “glass wounds
to [his] ears, head, neck, legs, and feet.”
Id. His neck and spine were compressed, requiring
decompression surgery. Id. He has additionally been
diagnosed with PTSD as a result of the attack. Id.
¶ 8. Reid has received a combined disability rating of
60% from the VA. Id. ¶ 8; id., Att.
(Letter from VA, dated May 25, 2018), ECF No. 89 at 16-17;
id., Att. (Letter from VA, dated May 10, 2018), ECF
No. 89 at 14-15; id., Att. (medical records), ECF
No. 89 at 18-67. Reid received an Air Force Commendation
Medal for his actions after the bombing and the Purple Heart
for the injuries he sustained. Id. ¶ 7;
id., Att. (Air Force Commendation Medal Certificate,
dated Jan. 4, 1997), ECF No. 89 at 13; id., Att.
(Special Order from Department of the Air Force, dated Aug.
6, 1996, confirming Purple Heart), ECF No. 89 at 12;
id., Att. (Certificate of Release or Discharge from
Active Service, confirming medals), ECF No. 89 at 7.
One of
Reid's family members is a plaintiff in this lawsuit: his
son, Sean Reid, who was babysitting when his step-mother
called and told him about the attack. Decl. of Sean C. Reid
(“Sean Reid Decl.”) (Sept. 12, 2018) ¶¶
4-5, ECF No. 89 (sealed), ECF No. 222 (public). He turned on
the TV and saw what “reminded [him] of the Oklahoma
City Bombing and it made [him] very distraught thinking that
[his] father could suffer the same fate as the victims of
that bombing.” Id. ¶ 5. Sean spent
“the rest of the day glued to the television, ”
but was not able to hear from his father that he survived
until “twenty-four to thirty-six hours after [he] first
heard of the incident.” Id. ¶ 6. The
effects of the attack on Sean Reid's life have been
“devastating.” Id. ¶ 7. He still
suffers from anxiety, for which he takes medication, and the
“profound impact” the attack has had on his
relationship with his father causes him “extreme grief
and distress.” Id. ¶ 9.
29.
Brandie R. Shaffer
On June
25, 1996, Brandie R. Shaffer was a Senior Airman in the U.S.
Air Force deployed to Saudi Arabia, stationed at Khobar
Towers in Dhahran, Saudi Arabia. Decl. of Brandie R. Shaffer
(“Shaffer Decl.”) (Sept. 10, 2018) ¶ 3, ECF
No. 90 (sealed), ECF No. 235 (public). Shaffer was on patrol
at the front gate when she received a report over the radio
about suspicious activity. Id. ¶ 4. Immediately
afterwards she received a call requesting “immediate
assistance to evacuate the building.” Id.
Before she was able to arrive, Shaffer “heard and felt
the blast and saw the huge mushroom cloud” and thought
they “would all die.” Id. Shaffer ran
towards the blast site and aided an injured airman to triage
and then helped with the evacuation and search of the
buildings. Id. When she reached her room she
realized that if she “had been there and in the bed,
[she] would have been seriously injured by the air
conditioning unit that fell on [her] bed and all of the
debris and glass that seemed to be everywhere.”
Id. To this day, Shaffer suffers from survivor's
guilt and doesn't “understand why [she] was sparred
and nineteen others were not.” Id. ¶ 5.
When she first returned home, she “slept with a gun on
[her] chest.” Id. ¶ 6. As a result of the
attack, Shaffer suffers from anxiety and Chronic Adjustment
Disorder. Id. ¶¶ 6-7. The VA has assigned
Shaffer a 70% disability rating due to her Chronic Adjustment
Disorder. Id. ¶ 10; id., Att. (Letter
from the VA, dated July 2, 2018), ECF No. 90 at 8-9;
id., Att. (Fax from VA, dated July 3, 2018), ECF No.
90 at 10-12. Shaffer was awarded the Air Force Commendation
Medal. Id. ¶ 8; id., Att. (Air Force
Commendation Medal Certificate, dated Jan. 14, 1997), ECF No.
90 at 6-7.
30.
Artis R. Coleman and Two Family Members
On June
25, 1996, Artis R. Coleman was a Staff Sergeant in the U.S.
Air Force deployed to Saudi Arabia, stationed at Khobar
Towers in Dhahran, Saudi Arabia. Decl. of Artis R. Coleman
(“Coleman Decl.”) (Dec. 27, 2018) ¶ 4, ECF
No. 91 (sealed), ECF No. 173 (public). Coleman was in his
room when he saw a “very bright flash” and the
ceiling collapsed “burying [him] in concrete and
shattered glass, ” knocking him unconscious.
Id. ¶ 5. When he awoke, fellow airmen were
wrapping his head and then helped him out of the building.
Id. Coleman was taken via ambulance to a hospital
where he was seen for head trauma, lacerations and glass in
his feet. Id. ¶ 6. After the bombing, Coleman
started having “headaches [that] were so severe that it
seemed like something was trying to get out of [his]
head.” Id. ¶ 9. A year after the attack,
Coleman had a brain aneurysm on his right side and underwent
surgery where they then found an unruptured aneurysm on his
left side. Id. ¶ 10. After the two aneurysm
surgeries, Coleman's “legs and feet began to hurt
all the time.” Id. ¶ 14. Coleman
additionally suffers from depression, for which he takes
anti-depressants, and PTSD. Id. ¶¶ 11, 17.
The VA has assigned Coleman a disability rating of 100% due
to his PTSD and mental ailments. Id. ¶ 18;
id., Att. (Letter from VA, dated Feb. 16, 2017), ECF
No. 91 at 25; id., Att. (medical records), ECF No.
91 at 6-20. Coleman received the Purple Heart for his
injuries. Id. ¶ 19; id., Att. (Purple
Heart Certificate, dated July 2, 1996), ECF No. 91 at 26.
Two of
Coleman's family members are plaintiffs in this lawsuit:
his wife, Betty Coleman; and his son, Artis Coleman Jr. Betty
first learned of the attack when she was told, by the wife of
Coleman's co-worker, that Coleman had died. Decl. of
Betty A. Coleman (“Betty Coleman Decl.”) (Sept.
5, 2018) ¶ 5, ECF No. 91 (sealed), ECF No. 173 (public).
“This was the most catastrophic news [she had] ever
received, and [she] was told this alone, at night with no one
to console [her] or offer comfort.” Id. The
next morning, Betty called her husband's squadron and was
informed that she would be contacted later with information.
Id. ¶ 6. During a two-day wait for information,
she “sustained an insurmountable amount of
anguish.” Id. She then received a call
informing her that her husband was not inside the building
and was fine, but then received a call later stating that he
was inside the building and had passed away. Id.
Finally, she received the news that her husband had been
inside the building but was alive and injured in a hospital.
Id. “The contradictory information about [her]
husband's life fueled [her] with anguish and
grief.” Id. ¶ 7. Coleman returned home,
and a year after the attack, had his first aneurysm surgery.
Id. ¶ 10. While her husband was in a coma,
Betty was told that she had complications to her pregnancy at
the same time she “didn't know if [her] husband
would live or die.” Id. Betty is her
husband's primary caregiver and has sustained
“severe economic losses” as a result of her
husband's complete disability. Id. ¶ 11. In
addition, she has started having “symptoms of body
aches, migraine[] headaches, vertigo and sleep
problems.” Id. ¶ 13. Her headaches have
become so severe that she has had to go to the hospital for
CT scans. Id. The attack on Khobar Towers has caused
Betty Coleman to “endure[] extreme mental pain,
suffering, grief and anguish.” Id. ¶ 14.
Coleman's
son, Artis Coleman Jr., had his “life [] changed
forever” and the “effects of the attack on [his]
daily and family life have been devastating.” Decl. of
Artis Coleman Jr. (“Artis Coleman Decl.”) (Sept.
21, 2018) ¶¶ 4, 6, 10, ECF No. 91 (sealed), ECF No.
173 (public). He had a father who could no longer demonstrate
“all the techniques he learned from playing
basketball” and he “cannot remember the last time
[his father] rode a rollercoaster, ran or jumped.”
Id. ¶¶ 5-6. Artis Coleman Jr. has done the
best he can “physically and emotionally, ” but
the attack has caused him “extreme mental pain,
suffering, grief and anguish.” Id.
¶¶ 9-10.
31.
Laurence P. Oliver
On June
25, 1996, Laurence P. Oliver was a Senior Airman in the U.S.
Air Force deployed to Saudi Arabia, stationed at Khobar
Towers in Dhahran, Saudi Arabia. Decl. of Laurence P. Oliver
(“Oliver Decl.”) (Sept. 11, 2018) ¶ 3, ECF
No. 92 (sealed), ECF No. 218 (public). Oliver had just
returned from the city and was still in his civilian clothes
at the time of the attack. Id. ¶ 4. He was
“approximately three hundred yards” from the
attack, which “took [them] completely by
surprise.” Id. After the attack, Oliver
gathered himself and went to the armory for a weapon and body
armor before returning to help. Id. Once back at the
site of the attack, Oliver realized that “there was
blood everywhere and chaos ensued all around.”
Id. He assumed duties as the area supervisor and
coordinated “clearing and controlling the entry control
point for responding emergency units.” Id.
¶ 5. The attack on Khobar Towers has caused Oliver to
develop PTSD. Id. ¶ 7. He has been “in a
high state of high anxiety for over twenty years” and
gets “maybe 4 hours of sleep a night.”
Id. ¶ 8. Oliver has received a combined total
disability rating of 90% from the VA. Id. ¶ 7;
id., Att. (VA Rating Decision, undated), ECF No. 92
at 7; id., Att. (Letter from VA, dated Aug. 24,
2018), ECF No. 92 at 8-9. Oliver received an Air Force
Achievement Medal for the injuries he sustained. Id.
¶ 6; id., Att. (Air Force Achievement Medal
Certificate, dated Dec. 19, 1996), ECF No. 92 at 6.
32.
Grady W. Tucker Jr. and One Family Member
On June
25, 1996, Grady W. Tucker Jr. was a Staff Sergeant in the
U.S. Air Force deployed to Saudi Arabia, stationed at Khobar
Towers in Dhahran, Saudi Arabia. Decl. of Grady W. Tucker Jr.
(“Tucker Jr. Decl.”) (Dec. 27, 2018) ¶ 4,
ECF No. 93 (sealed), ECF No. 244 (public). Tucker Jr. was in
his dormitory building when the force of the explosion threw
him across the room, causing “blows to the head, neck,
and back, ” in addition to tearing all the ligaments in
his left wrist. Id. ¶¶ 5-6. He had surgery
to repair the torn ligaments and still suffers from permanent
nerve damage in his left wrist. Id. In addition to
physical injury, Tucker Jr. suffers from PTSD and anxiety,
which contribute to a “poor quality of life.”
Id. Tucker Jr. was assigned a combined disability
rating of 100% by the VA. Id. ¶ 7;
id., Att. (Letter from VA, dated May 11, 2017), ECF
No. 93 at 4. Tucker received the Purple Heart for his
injuries. Id. ¶ 8; id., Att. (Purple
Heart Certificate, dated Aug. 7, 1996), ECF No. 93 at 5.
One of
Tucker's family members is a plaintiff in this lawsuit:
his father, Grady W. Tucker Sr. Decl. of Grady W. Tucker, Sr.
(“Tucker Sr. Decl.”) (Dec. 19, 2018) ¶ 4,
ECF No. 93 (sealed), ECF No. 244 (public). Tucker's
father was playing cards when he first learned of the attack
and turned on the news. Id. ¶ 5. Though the
news did not provide much information at first, his father
became “very scared” when they said the word
“barracks.” Id. He returned home to a
voicemail that his son was alive, but he “just
knew” that something was wrong. Id. He later
received a call from his son informing him that he was
injured. Id. Tucker's father has
“sustained emotional distress due to the injuries [his]
son suffered, ” and remains “emotionally
scarred.” Id. ¶¶ 7-8.
33.
Jon C. Schamber
On June
25, 1996, Jon C. Schamber was an Airman First Class in the
U.S. Air Force deployed to Saudi Arabia, stationed at Khobar
Towers in Dhahran, Saudi Arabia. Decl. of Jon C. Schamber
(“Schamber Decl.”) (filed Dec. 28, 2018) ¶
3, ECF No. 94 (sealed), ECF No. 228 (public). Schamber was
watching television when the “TV went black and the
sudden blast pressure picked [him] up and threw [him] into a
cement wall.” Id. ¶ 4. Schamber was
knocked unconscious and woke up “in a pool of blood and
debris, ” with “severe lacerations to the inside
of [his] right knee that made it impossible to walk.”
Id. ¶¶ 4, 5. He later woke up in a Saudi
Arabian hospital. Id. ¶ 5. After three
surgeries on his legs to “attempt to repair a
quadriceps tendon, [and] close up several severe lacerations,
” Schamber suffers from “drop foot, ”
“peroneal nerve damage” and “traumatic
arthritis, ” as well as “chronic pain to this
day.” Id. ¶ 6. He additionally suffers
from PTSD and has been prescribed anti-anxiety medication.
Id. ¶¶ 8-9. Schamber has received a
combined disability rating of 90% from the VA. Id.
¶ 10; id., Att. (Letter from VA, dated Mar. 9,
2017), ECF No. 94 at 22-23; see also id., Att.
(medical records), ECF No. 94 at 7-19. Schamber received the
Purple Heart for his injuries. Id. ¶ 11;
id., Att. (Purple Heart Certificate, dated July 2,
1996), ECF No. 94 at 24.
34.
Brian E. Vanhorn
On June
25, 1996, Brian E. Vanhorn was a Senior Airman in the U.S.
Air Force deployed to Saudi Arabia, stationed at Khobar
Towers in Dhahran, Saudi Arabia. Decl. of Brian E. Vanhorn
(“Vanhorn Decl.”) (Dec. 27, 2018) ¶ 3, ECF
No. 101 (sealed), ECF No. 245 (public). Vanhorn was packing
to be deployed home when the bomb went off. Id.
¶ 4. He was “thrown backwards up against the
wall” and landed on the floor. Id. After
gathering himself and removing “bits of glass”
embedded in his skin, he “had to pry open the door that
had been jammed shut” to exit the suite. Id.
¶¶ 5-6. Vanhorn made his way “[t]hrough the
chaos” to the stairs, seeing “blood everywhere on
the walls, floors and even in the stairwell.”
Id. ¶ 6. He was directed to a triage area
where, after seeing the severity of the injuries, he declined
treatment. Id. ¶ 7. Vanhorn sustained
“multiple lacerations and glass shrapnel wounds”
in addition to “trauma to [his] head, body and
extremities.” Id. ¶ 8. The attack on
Khobar Towers has caused Vanhorn to develop PTSD.
Id. ¶ 9. He lost “not just one but twelve
of [his] very close friends” and lives with
survivors' guilt. Id. ¶ 11. Vanhorn has
received a combined disability rating of 30% by the VA.
Id. ¶ 9; id., Att. (Letter from VA,
dated June 30, 2018), ECF No. 101 at 9. Vanhorn received the
Purple Heart for his injuries. Id. ¶ 8;
id., Att. (Purple Heart Certificate, dated Aug. 26,
1996), ECF No. 101 at 8; id., Att. (Certificate of
Release or Discharge from Active Duty, confirming medal), ECF
No. 101 at 5.
35.
Travis W. Wyatt
On June
25, 1996, Travis W. Wyatt was a 19-year-old service member in
the U.S. Air Force deployed to Saudi Arabia, stationed at
Khobar Towers in Dhahran, Saudi Arabia. Decl. of Travis W.
Wyatt (“Wyatt Decl.”) (Dec. 27, 2018)
¶¶ 3, 7, ECF No. 102 (sealed), ECF No. 257
(public). He was in bed going to sleep when he suddenly
“felt pressure all around [him]” and
“[e]verything went black, and the room filled with
smoke.” Id. ¶ 4. After evacuating, he saw
“total chaos outside, ” where there were
“bodies and blood everywhere.” Id.
¶ 5. Wyatt had some glass removed from his feet, and
three days later had shards of glass removed with a needle
without anesthetic. Id. ¶ 6. When he returned
home, Wyatt was prescribed medicine for “acute
anxiety.” Id. ¶ 7. Due to the
“traumatic psychological issues resulting from the
attack, ” Wyatt has developed PTSD and received a
combined VA disability rating of 70%. Id.
¶¶ 8, 9; id., Att. (VA Rating Decision,
dated Jan. 3, 2008), ECF No. 102 at 25-27; see also
id., Att. (medical records), ECF No. 102 at 6-24. Wyatt
received the Purple Heart. Id. ¶ 10;
id., Att. (Certificate of Release or Discharge from
Active Duty, confirming medal), ECF No. 102 at 5.
36.
William M. Schooley
On June
25, 1996, William M. Schooley was a service member in the
U.S. Air Force deployed to Saudi Arabia, stationed at Khobar
Towers in Dhahran, Saudi Arabia. Decl. of William M. Schooley
(“Schooley Decl.”) (filed Dec. 28, 2018) ¶
3, ECF No. 103 (sealed), ECF No. 231 (public). On the night
of the bombing, Schooley was in his bedroom, when,
“[w]ithout warning the whole room began violently
shaking.” Id. ¶¶ 4-5. A metal wall
locker “began to shimmy its way across the room”
toward Schooley, who “curled up in a ball on [his] bed,
covering [his] head with [his] arms, as the rumbling and
shaking continued on and on.” Id. The locker
eventually fell on Schooley, who “shoved it off.”
Id. ¶ 6. When the “chaos subsided,
” Schooley made his way out to the hallway to check on
his suitemates. Id. “Broken glass was
everywhere and [they] had to make [their] way through
rubble.” Id. ¶ 7. Schooley and his
suitemates began checking to see if people they saw were
seriously injured. Id. ¶ 9. All around him, he
saw “airmen tending to their fallen comrades.”
Id. ¶ 10. Schooley used his bare hands to move
barbed wire and debris in order to clear a pathway for the
injured to be removed from the building closest to the truck
bomb. Id. ¶ 12. He then “went to the
nearby picnic tables to provide first aid to the wounded,
” but he “felt completely helpless because [they]
had no medical supplies and [their] training was so
limited.” Id. ¶¶ 13, 14. After the
bombing, Schooley began to suffer from PTSD, with
“nightmares, insomnia, anxiety, hypervigilance,
headaches, and constant[] [thoughts] about the
bombing.” Id. ¶ 20. Due to his symptoms,
the attack “changed [his] life forever.”
Id. ¶ 23. Schooley was medically retired from
the Air Force in 1999 because of his PTSD. Id.
¶ 21. The VA has rated Schooley 70% disabled for PTSD.
Id. ¶ 25; id., Att. (Letter from VA,
dated Feb. 25, 2017), ECF No. 103 at 73; id., Att.
(Letter from VA, dated Oct. 31, 2003), ECF No. 103 at 75;
see also id., Att. (medical records), ECF No. 103 at
10-12, 36-38, 40, 43-46, 70-72. Schooley was approved for
Combat-Related Special Compensation because of his PTSD.
Id. ¶ 26; id., Att. (Letter from
Department of the Air Force Headquarters Air Force Personnel
Center, dated Jan. 29, 2009), ECF No. 103 at 76. Schooley was
awarded an Air Force Achievement Medal and a Certificate of
Appreciation. Id., Att. (Air Force Achievement Medal
Certificate, dated Aug. 21, 1997), ECF No. 103 at 79;
id., Att. (Certificate of Appreciation, dated June
27, 1996), ECF No. 103 at 86.
37.
Jereme D. Schuchard and One Family Member
On June
25, 1996, Jereme Schuchard was a service member in the U.S.
Air Force deployed to Saudi Arabia, stationed at Khobar
Towers in Dhahran, Saudi Arabia. Decl. of Jereme D. Schuchard
(“Schuchard Decl.”) (Sept. 11, 2018) ¶ 4,
ECF No. 110 (sealed), ECF No. 232 (public); see also
Plaintiff Jereme D. Schuchard's Notice of Errata (Jan.
24, 2019), ECF No. 136 (sealed), ECF No. 233 (public).
Schuchard was at his dinner table when the “concussion
wave explode[d] through the window and shatter[ed] it into
large shards.” Schuchard Decl. ¶ 5. Even though he
dove “toward the floor behind a chair” to shield
himself from the “flying broken glass, ”
Schuchard was knocked unconscious. Id. ¶¶
6-7. When he woke up, he helped to triage other people.
Id. ¶ 7. While helping, he was told that he was
injured on his “back, neck, left arm and left
shoulder” and received sutures with no anesthesia.
Id. Schuchard now suffers from “constant neck
and back pain, ” for which he will have to wear a brace
for the rest of his life. Id. ¶ 9. His doctor
also believes that he suffers from a Traumatic Brain Injury,
and has occasional vision problems and tinnitus. Id.
In addition to physical injury, Schuchard suffers from PTSD
and has “frequent nightmares.” Id.
¶ 12. The VA has assigned Schuchard a disability rating
of 40% as a result of the attack. Id. ¶ 10;
id., Att. (VA Rating Decision, dated May 10, 2011),
ECF No. 110 at 8-9; see also id., Att. (medical
records), ECF No. 110 at 10-19. Though Schuchard would have
wanted to stay in the Air Force, he was forced to retire in
1999 due to his injuries from the attack. Id. ¶
9. Schuchard received the Purple Heart and Airforce
Commendation Medal. Id. ¶ 8; id., Att.
(Purple Heart Certificate, dated Aug. 5, 1996), ECF No. 110
at 6; id., Att. (Certificate of Release or Discharge
from Active Duty, confirming medals), ECF No. 110 at 5;
id., Att. (Air Force Commendation Medal Certificate,
dated Dec. 23, 1996), ECF No. 110 at 7.
One of
Schuchard's family members is a plaintiff in this
lawsuit: his mother Brenda Munoz. Decl. of Brenda G. Munoz
(“Munoz Decl.”) (Sept. 13, 2018) ¶¶ 2,
4, ECF No. 110 (sealed), ECF No. 232 (public); see
also Plaintiff Jereme D. Schuchard's Notice of
Errata, ECF No. 136 (sealed), ECF Nos. 232, 233 (public). His
mother first learned of the attack when her daughter called
her “almost hysterical.” Munoz Decl. ¶ 5.
Munoz drove home and turned on the news for more information
about her son. Id. ¶ 6. “I could not eat
or sleep. All I could do was pray that my son was
alive.” Id. “Approximately eighty hours
later, ” she received a short call from Schuchard
letting her know that he was alive. Id. Schuchard
would not return home for one hundred and thirty-four days.
Id. ¶ 7. Munoz has experienced “extreme
grief and distress” as a result of the attack.
Id. ¶¶ 5, 12. She feels like “the
young man he was no longer exists” and “mourn[s]
his loss every day.” Id. ¶ 12. The
“[p]rolonged stress” has caused her health to
deteriorate. Id.
38.
Mitchell D. Wright and Three Family Members
On June
25, 1996, Mitchell D. Wright was a Technical Sergeant in the
U.S. Air Force deployed to Saudi Arabia, stationed at Khobar
Towers in Dhahran, Saudi Arabia. Decl. of Mitchell D. Wright
(“Wright Decl.”) (Nov. 12, 2018) ¶ 4, ECF
No. 112 (sealed), ECF No. 256 (public). Wright was cleaning
his dormitory bathroom, in preparation for returning home,
when the explosion “shattered a bathroom window,
sending glass flying into [his] face.” Id.
¶ 5. “Broken glass pierced both of [his] eyes,
detached both retinas, and shattered tissue in [his]
eyes.” Id. Wright was taken by ambulance to a
Saudi hospital, later evacuated to Germany, and then
transferred to the Walter Reed Medical Center in Washington,
D.C. where he was hospitalized for three months. Id.
¶ 6. After two eight-hour operations to restore
his vision, Wright has only “corrected near and far
vision of 20/200” in his right eye, and only
“light perception” in his left eye. Id.
¶¶ 6-7. Wright cannot drive or “read regular
print” and often falls while walking due to his poor
depth perception. Id. ¶ 9. In addition to his
visual impairment, Wright suffers from PTSD from the attack,
which includes “constant nightmares.”
Id. ¶ 10. As a result of his injuries, the VA
has assigned Wright a disability rating of 90%. Id.
¶ 8; id., Att. (Letter from VA, dated Feb. 10,
2017), ECF No. 112 at 162-63; see also id., Att.
(medical records), ECF No. 112 at 6-142. Wright received the
Purple Heart for injuries sustained in the attack.
Id. ¶ 11; id., Att. (Purple Heart
Certificate, dated July 2, 1996), ECF No. 112 at 165.
Three
of Wright's family members are plaintiffs in this
lawsuit: his wife, Patricia Wright; his daughter, Elin Brown;
and his son, Erik Wright. On the day of the attack, his wife
Patricia was leaving her house when she received a phone call
that there had been an attack on her husband's housing
unit. Decl. of Patricia Wright (“Patricia Wright
Decl.”) (Sept. 11, 2018) ¶ 5, ECF No. 112
(sealed), ECF No. 256 (public). Patricia was left in
“grueling limbo” for almost two days before she
received a call that her husband had been badly injured.
Id. ¶¶ 5-6. She was reunited with her
husband a few days later and accompanied him to Washington,
D.C. for treatment for three months. Id.
¶¶ 7, 10. The attack on Khobar Towers has impacted
Patricia's personal health and well-being “in an
enormously negative way, ” including causing
depression. Id. ¶¶ 12-13. She has incurred
economic loss as she can no longer work full time and is the
“primary and sole care-giver” of her husband.
Id. ¶ 15. She had worked as a preschool teacher
before the attack but resigned due to her husband's
injuries. Id. ¶ 17.
Wright's
daughter, Elin Brown, was at a band meeting with a friend
when her mother told her to spend the night at her
friend's house. Decl. of Elin C. Brown (“Brown
Decl.”) (Sept. 11, 2018) ¶¶ 4-5, ECF No. 112
(sealed), ECF No. 256 (public). The next day, she returned
home and her mother told her that her father was in an attack
and she did not know if he survived. Id.
“[She] immediately started to cry, fearing that [they]
had lost [her] father.” Id. It was not until
the next night when they learned that he had survived but was
seriously injured. Id. The family was asked to be
“the face of the families” and greet the injured
when returning home. Id. ¶ 6. After seeing her
father carried out of the plane on a stretcher, Elin and her
brother were sent to live with their grandparents for the
summer while her father recovered. Id. ¶ 7. As
a result of the attack, Elin suffers from depression.
Id. ¶ 11. She is “unable to watch
anything regarding military servicemen or women and their
families without crying, even a simple commercial.”
Id.
Wright's
son, Erik Wright, learned about the attack when he heard his
sister crying and asked his mom what had happened. Decl. of
Erik Mitchell Wright (“Erik Wright Decl.”) (Sept.
11, 2018) ¶¶ 4-5, ECF No. 112 (sealed), ECF No. 256
(public). He did not know if his father had survived and
“[t]he feelings of anguish and uncertainty were truly
overwhelming.” Id. ¶ 5. The next night,
he learned that his father was badly injured, but alive.
Id. ¶ 6. Erik was able to see his father
briefly at the Air Force base, but then would not see his
father again for twelve weeks. Id. ¶ 7. He has
had to take care of his father since he was nine years old,
and still is his father's “guide” when they
walk anywhere. Id. ¶ 8. Erik suffers from
various emotional problems as a result of the injuries to his
father. Id. ¶ 12.
39.
The Estate of Hector M. Gonzalez-Pastrana and Four Family
Members
On June
25, 1996, Hector Manuel Gonzalez-Pastrana was a Master
Sergeant in the U.S. Air Force deployed to Saudi Arabia,
stationed at Khobar Towers in Dhahran, Saudi
Arabia.[4] Decl. of Diana Gonzalez-Pastrana, Personal
Representative of the Estate of Hector Manuel
Gonzalez-Pastrana (“Estate of Hector Manuel
Gonzalez-Pastrana Decl.”) (Dec. 27, 2018) ¶ 10,
ECF No. 113 (sealed), ECF No. 191 (public). Gonzalez-Pastrana
had just fallen asleep when the attack occurred. Id.
¶ 11. “He sustained lacerations to both feet from
walking barefoot on broken glass, glass fragments embedded in
his head, and trauma to his body.” Id.
Although he was in “great pain, ”
Gonzalez-Pastrana returned to his dorm multiple times to
rescue the wounded. Id. ¶ 12. “The blast
had knocked out the electricity and it was so dark that they
had to move slowly, pressing their bodies against the walls
to ensure there was a floor, not a hole that they could fall
through.” Id. ¶ 13. He “had never
seen so much blood in his life.” Id. ¶
12. After the attack, his “personality completely
changed” and “[h]e began to drink excessively,
and no longer participated in family activities and
outings.” Id. ¶¶ 16-17.
Gonzalez-Pastrana was diagnosed with “PTSD featuring
paranoia, panic attacks, anxiety, patrolling behavior,
flashbacks, anger, nightmares, disorientation, and
controlling behavior.” Id. ¶ 20.
“He was also diagnosed with hypertension; chronic
fatigue . . . chronic lower back pain . . . tinnitus; and
migraines” and the VA has rated him 100% disabled.
Id. ¶¶ 21, 26; id., Att. (Letter
from VA, dated Dec. 12, 2016), ECF No. 113 at 33. Even though
he was prescribed “a number of medications for his
medical and psychiatric conditions, ” his condition
deteriorated to the point that he “wouldn't even
take a shower in the house.” Id. ¶¶
23-27. Gonzalez-Pastrana died at home “on March 4,
2017, when he was only forty-eight years old, from a heart
attack caused by his hypertension.” Id. ¶
31. The VA determined that his death was service connected.
Id. ¶ 33; id., Att. (VA Rating
Decision, dated May 2, 2017), ECF No. 113 at 37-38.
Gonzalez-Pastrana received the Purple Heart for his injuries.
Id. ¶ 15; id., Att. (Purple Heart
Certificate, dated Oct. 8, 1996), ECF No. 113 at 19;
id., Att. (Certificate of Release or Discharge from
Active Duty, confirming medal), ECF No. 113 at 18.
Gonzalez-Pastrana
is survived by three family members who are plaintiffs in
this lawsuit: his wife, Diana Gonzalez-Pastrana; his two
sons, Hector Gonzalez Jr. and Jose D. Gonzalez; and his
daughter, Natasha Gonzalez. Decl. of Diana Gonzalez-Pastrana
(“Diana Gonzalez-Pastrana Decl.”) (Dec. 27, 2018)
¶¶ 2, 8, ECF No. 113 (sealed), ECF No. 191
(public). For his wife Diana, “[l]osing [her] husband
was like losing a part of [herself].” Id.
¶ 34. They “grew up in Puerto Rico together”
and had been married since 1985. Id. ¶ 5. In
1992, Diana was diagnosed with lupus and her husband
“always supported [her] and was [her] caregiver during
the most difficult moments of [her] illness.”
Id. ¶ 6. When her husband returned from the
attack, he “became [] physically and mentally
distant.” Id. ¶ 14. He began going on
tours of duty more frequently, even choosing to go to Korea
by himself for a year, leaving her to take care of their
three children alone while sick. Id. ¶ 17. Her
husband's health declined until he ultimately passed away
at home due to his hypertension. Id. ¶¶
27, 32. For her, this was the “worst day of [her] life.
All of [her] hopes and dreams of him one day getting better
went up in flames.” Id. ¶ 27.
Gonzalez-Pastrana's
oldest son, Hector Gonzalez Jr., was ten years old when he
learned that his father's housing complex had been
bombed. Decl. of Hector Gonzalez Jr. (“Hector Gonzalez
Jr. Decl.”) (Dec. 27, 2018) ¶¶ 4-5, ECF No.
113 (sealed), ECF No. 191 (public). His mother received a
phone call and “started screaming and crying” and
“[s]he immediately turned on the TV and started to
watch the reports coming in.” Id. ¶ 5.
Hector would not see his father for a month until he came
home. Id. ¶ 7. As a result of the attack, and
the death of his father, he has suffered from “profound
grief and sadness.” Id. ¶ 9. When his
father was not breathing, his mother called Hector, who,
based on his own training, “knew that they wouldn't
be able to revive him.” Id.
Gonzalez-Pastrana's
youngest son, Jose Gonzalez, was one year old at the time of
the bombing in Khobar Towers. Decl. of Jose D. Gonzalez
(“Jose D. Gonzalez Decl.”) (Dec. 27, 2018)
¶¶ 4-5, ECF No. 113 (sealed), ECF No. 191 (public).
His father was still “a very good father, ”
though his family said that “he was a very different
man” before the attack. Id. ¶ 5. His
father did suffer from alcoholism and paranoia, which got
worse in the months leading up to his father's death.
Id. ¶¶ 8-9. “The most painful
part” for Jose was when his dad passed away suddenly.
Id. ¶ 12. His sister had gone to check on their
father and found that he was not breathing, and he
“rushed to start performing CPR on him.”
Id. The death of his father “devastated [him]
and [his] whole family.” Id. Jose felt
“terrible grief knowing that [he] would never have the
chance to spend more time with him.” Id.
Gonzalez-Pastrana's
daughter, Natasha Gonzalez, was playing in the yard of their
house when her mother received a call that there had been an
attack. Decl. of Natasha Gonzalez (“Natasha Gonzalez
Decl.”) (Oct. 22, 2018) ¶¶ 4-5, ECF No. 113
(sealed), ECF No. 191 (public). “Given [her] age, [she]
didn't understand the situation” but when her
father returned he “did not interact with [them] as
usual.” Id. ¶¶ 5-6. “Through
the years things only worsened.” Id. ¶ 7.
As a result of the injuries to her father and the
“profound impact” of losing him, Natasha
...