Schooley v. Islamic Republic of Iran

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

WILLIAM M. SCHOOLEY, et al.,

Plaintiffs,

Civil Action No. 17-1376 (BAH)

v.

Chief Judge Beryl A. Howell

ISLAMIC REPUBLIC OF IRAN, et al.,

Defendants.

MEMORANDUM OPINION

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

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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

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Expert witnesses testifying in Heiser I included: (1) Louis Freeh, the former Director of the Federal Bureau

of Investigation (“FBI”), (2) Dr. Patrick Clawson, a scholar of Middle Eastern politics who has frequently provided

expert testimony regarding Iran’s involvement in sponsoring terrorism, (3) Dr. Bruce Tefft, a founding member of

the CIA’s Counterterrorism Bureau and regular consultant on issues of terrorism, and (4) Dale Watson, the former

Deputy Counterterrorism Chief of the FBI, see Heiser I, 466 F. Supp. 2d at 260–65, as well as (5) Dr. Thomas

Parsons, a medical examiner, see id. at 268, (6) Dr. Dana Cable, a licensed psychologist and expert on grief process,

see id. at 269–70, and (7) Dr. Herman Miller, an economic consultant, see id. at 273–74.

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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

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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

2

The D.C. Circuit has endorsed the use of judicial notice to establish facts in FSIA terrorism cases. In Han

Kim v. Democratic People’s Republic of Korea, 774 F.3d 1044, 1049 (D.C. Cir. 2014), the D.C. Circuit held that the

plaintiffs had “met their burden of producing evidence ‘satisfactory to the court’” to establish subject matter

jurisdiction under the FSIA, id., where the only evidence linking North Korea to the victim’s disappearance was a

South Korean court’s conviction of a North Korean agent, of which the district court had taken judicial notice. See

also Owens v. Republic of Sudan, 864 F.3d 751, 789 (D.C. Cir. 2017).

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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.

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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

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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

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Every plaintiff in this case has submitted a sealed declaration, with supporting documentation containing

sensitive personal information, and a redacted, public version. The docket numbers for both the public and the

sealed versions are reflected in the first citation to each plaintiff’s declaration. Otherwise sealed content referenced

in this Memorandum Opinion is unsealed as necessary to explain the Court’s reasoning. See In re WP Co. LLC, 201

F. Supp. 3d 109, 116 n.4 (D.D.C. 2016) (citing United States v. Reeves, 586 F.3d 20, 22 n.1 (D.C. Cir. 2009); United

States v. Parnell, 524 F.3d 166, 167 n.1 (2d Cir. 2008) (per curiam)).

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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

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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

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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

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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,

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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

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“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

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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

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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

15

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

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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.

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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.

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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

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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.

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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

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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

22

(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

23

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

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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

25

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

26

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

27

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

28

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

29

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

30

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) ¶¶

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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

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(“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.

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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

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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

35

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.”

36

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

37

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

38

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

39

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

40

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

41

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

42

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

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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

44

(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

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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

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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

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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.

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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),

49

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

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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

51

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

52

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

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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

54

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

55

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

4

Hector Manuel Gonzalez-Pastrana is deceased and this declaration was filed on behalf of his estate by his

wife Diana Gonzalez. 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).

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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

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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

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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

“experienced, and continue[s] to experience, extreme grief and distress.” Id. ¶ 11. “His death . .

. has left [her] bereaved, devastated, and terribly sorrowful.” Id.

40. Scott A. Wolff

On June 25, 1996, Scott A. Wolff was a Master Sergeant in the U.S. Air Force deployed

to Saudi Arabia, stationed at Khobar Towers in Dhahran, Saudi Arabia. Decl. of Scott A. Wolff

(“Wolff Decl.”) (filed Dec. 28, 2018) ¶ 3, ECF No. 115 (sealed), ECF No. 255 (public). Wolff

was in the bathroom preparing for work when the light went out and “the blast hit and the

window shattered blowing glass fragments and the metal frame inside.” Id. ¶ 4. After hearing a

rumbling, Wolff thought the building was collapsing so he covered himself. Id. He then made

his way out and helped his suitemates exit. Id. ¶ 5. Wolff returned to the building to search for

the injured and also to retrieve the keys to the bus to use as an ambulance. Id. ¶ 8. Wolff made

three trips driving the bus to the clinic. Id. One of his friends finally noticed that he was

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bleeding on the arm and back and sent him to be treated. Id. ¶ 9. Even twenty-two years later,

Wolff is “still overwhelmed with emotion when anyone asks [him] about the attack.” Id. ¶ 14.

The VA has assigned Wolff a combined disability rating of 60% for injuries suffered from the

attack. Id. ¶ 15. Wolff received the Purple Heart for his injuries. Id. ¶ 16; id., Att. (Purple Heart

Certificate, dated Aug. 8, 1996), ECF No. 115 at 5.

41. John J. Yeichner

On June 25, 1996, John Yeichner was a Senior Airman in the U.S. Air Force deployed to

Saudi Arabia, stationed at Khobar Towers in Dhahran, Saudi Arabia. Decl. of John J. Yeichner

(“Yeichner Decl.”) (filed Dec. 28, 2018) ¶ 3, ECF No. 116 (sealed), ECF No. 258 (public); see

also Supp. Decl. of John J. Yeichner (“Yeichner Supp. Decl.”) (Jan. 31, 2019) ¶ 4, ECF No. 140

(sealed), ECF No. 259 (public). Yeichner was walking up the stairs of Building 131 at the time

of the explosion, which “blasted [him] down the stairs” where he landed face down, dislocating

his shoulder. Yeichner Decl. ¶ 4. He made his way out of the building and to the center of the

compound “in fear for [his] life as [he] thought another bomb would go off.” Id. In addition to

his shoulder injury from the attack, Yeichner received “numerous lacerations on [his] hands, feet

and knees.” Id. ¶ 5. Though Yeichner was injured in the attack, he chose not to list his injuries

and declined the Purple Heart because his very close friends “who truly earned it” had died. Id.

Yeichner now suffers from PTSD and survivor’s guilt, with symptoms including anxiety and

sleep disorders. Id. ¶¶ 6–8. Yeichner additionally had complete reconstructive surgery on his

shoulder and may still need a replacement. Id. ¶ 7. He cannot do “any sort of physical

activities” involving his shoulder, such as swimming and running, as a result of the injury to his

shoulder. Id. The VA has assigned Yeichner a combined disability rating of 60%. Id.; id., Att.

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(Letter from VA, dated June 30, 2018), ECF No. 116 at 8; see also id., Att. (medical records),

ECF No. 116 at 9–48.

42. Aaron R. Weimer

On June 25, 1996, Aaron R. Weimer was an Airman First Class in the U.S. Air Force

deployed to Saudi Arabia, stationed at Khobar Towers in Dhahran, Saudi Arabia on the day of

the attack. Decl. of Aaron R. Weimer (“Weimer Decl.”) (Dec. 27, 2018) ¶ 3, ECF No. 120

(sealed), ECF No. 247 (public). Weimer was watching television when “suddenly” the sliding

glass door of his dormitory “exploded inward, and [he] heard the loudest noise [he] [has] ever

heard in [his] life.” Id. ¶ 4. Weimer evacuated the building and “immediately noticed a

mushroom cloud of dust” and “headed in that direction.” Id. He helped evacuate others and

“proceeded to assist treating the injured as they arrived.” Id. As a result of this attack, Weimer

suffers from “emotional distress and anxiety.” Id. ¶ 5. He has additionally been diagnosed with

PTSD, and reacts to “[l]oud noises, large crowds” and must “have an escape plan at all times.”

Id. ¶ 6. He has been “prescribed multiple medications to battle [his] anxiety and [his] depression

at the same time.” Id. The VA has assigned Weimer a disability rating of 70% for his PTSD.

Id.; id., Att. (VA Rating Decision, dated Mar. 12, 2018), ECF No. 120 at 8. Weimer received an

Air Force Commendation Medal and a Certificate of Appreciation from the Air Force. Id. ¶ 7;

id., Att. (Air Force Commendation Medal, dated Dec. 23, 1996), ECF No. 120 at 14; id., Att.

(Certificate of Appreciation, undated), ECF No. 120 at 15.

43. Gregory DeArman

On June 25, 1996, Gregory DeArman was a Senior Airman in the U.S. Air Force

deployed to Saudi Arabia, stationed at Khobar Towers in Dhahran, Saudi Arabia. Decl. of

Gregory J. DeArman (“DeArman Decl.”) (Feb. 05, 2019) ¶ 3, ECF No. 141 (sealed), ECF No.

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180 (public). DeArman was in the building behind the blast site when “[a]ll the windows were

blown in and [he] had shrapnel embedded in [his] skin.” Id. ¶ 4. DeArman left his room and

carried a friend laying in the hallway out of the building. Id. “Although [he] was covered in

blood,” DeArman returned to the building and carried two more injured airmen out “on [his]

shoulders.” Id. ¶ 5. As a result of his efforts in rescuing airmen, DeArman now suffers from

shoulder damage and has had “three major surgeries on [his] shoulder.” Id. ¶ 6. These surgeries

were performed by civilian doctors as the VA “will not authorize the surgeries” though

DeArman is in “constant pain.” Id. DeArman also has developed “psychological issues” and

only leaves his home to “go to work and back.” Id. ¶ 7. The VA has assigned DeArman a

disability rating of 50%. Id. ¶ 6.

44. Jimmy N. Adams and One Family Member

On June 25, 1996, Jimmy N. Adams was a Senior Master Sergeant in the U.S. Air Force

deployed to Saudi Arabia, stationed at Khobar Towers in Dhahran, Saudi Arabia. Decl. of

Jimmy N. Adams (“Adams Decl.”) (Dec. 18, 2018) ¶ 9, ECF No. 30 (sealed), ECF No. 150

(public). At the time of the bombing, Adams was standing in the parking lot and was thrown

approximately 25 yards to land under a vehicle in the parking lot. Id. ¶ 10. The explosion

ruptured his ear drums and caused lacerations and bruises all over his body. Id. After the

bombing, Adams’ “kidneys were bruised” and his “kidneys continue to bleed, and [his] body

continues to encapsulate the blood, which results in the formation of continuous kidney stones”

at least once or twice a week. Id. The attack “caused so much damage to [his] hearing” that he

requires hearing aids. Id. ¶ 11. As a result of the bombing, Adams “can’t handle large crowds”

and is “apprehensive” about “movie theaters, restaurants, [and] essentially any place where

groups of people gather.” Id. ¶ 12. He had been “on a positive track to ultimately achieve the

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rank of Chief Master Sergeant E-9,” but the attack caused him to “end [his] military career ten

years early.” Id. ¶ 14. Adams subsequently retired from the military, but the pain of his physical

injuries has prevented him from working. Id. ¶¶ 13, 14. The VA rated Adams 90% disabled and

compensates him at a 100% rate because he is unemployable. Id. ¶ 13; id., Att. (Letter from VA,

dated Jan. 22, 2018), ECF No. 30 at 19–20. Adams was awarded the Purple Heart for his

injuries. Id. ¶ 14; id., Att. (Special Order from Department of the Air Force, dated Aug. 2,

1996), ECF No. 30 at 21.

One of Adams’ family members is a plaintiff in this lawsuit: his wife, Carol S. Adams.

Carol Adams was engaged to Jimmy Adams at the time of the attack on Khobar Towers. Decl.

of Carol S. Adams (“Carol Adams Decl.”) (Dec. 18, 2018) ¶ 3, ECF No. 30 (sealed), ECF No.

150 (public). After the attack, she received a call “informing [her that] Jim was alive but

injured.” Id. ¶ 9. She felt “agony” as she waited to hear more and “waiting to finally see him

seemed like eternity.” Id. When he returned home, they “needed time to focus on [her

husband’s] recovery from his injuries so [they] postponed [their upcoming] wedding.” Id. ¶ 5.

They later got married on September 25, 1997, but the attack “affected [her] life in so many

negative ways.” Id. ¶¶ 6, 11. Prior to the attack, Carol Adams and her husband had a “very

normal life,” and they enjoyed “socializing with friends, going to the movies, plays, concerts,

and restaurants.” Id. ¶ 9. After the attack, however, she “left the workforce to take care of [him]

full-time, which stripped [her] of a career that [she] worked years to build.” Id. ¶ 11. Their

income has “dramatically diminished,” and due to her husband’s injuries, they can no longer

travel or socialize. Id. The uncertainty of each day “has mentally brought [her] down” and “[t]o

this day, what happened on that day still plays on [her] mind.” Id. ¶¶ 11, 12. She continues to

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experience “extreme grief and distress as a result of the injuries sustained by [her] husband . . .

and the profound impact they have had on [their] relationship.” Id. ¶ 13.

45. Timothy L. Albritton and Two Family Members

On June 25, 1996, Timothy L. Albritton was a Technical Sergeant in the U.S. Air Force

deployed to Saudi Arabia, stationed at Khobar Towers in Dhahran, Saudi Arabia. Decl. of

Timothy L. Albritton (“Albritton Decl.”) (Oct. 19, 2018) ¶ 4, ECF No. 31 (sealed), ECF No. 151

(public). At the time of the attack, Albritton was filling his cup with water in the kitchen,

“approximately 100 yards from the blast,” which caused him to lose consciousness. Id. ¶ 5.

When he woke up, he “was being hit in the back by rocks, debris, and glass” from the blast

wave. Id. After the blast wave stopped, Albritton kicked open the kitchen door that was wedged

shut from the pressure and damage, and went to check on his suitemates, “one of whom was cut

up but receiving first aid from another.” Id. ¶ 7. He then began moving downstairs to exit the

building and assisted however he could. Id. One floor below, Albritton and another sergeant

discovered an injured officer in the doorway with a sheet soaked in blood wrapped around his

leg. Id. ¶ 8. They carried the injured officer outside. Id. Albritton then went looking for the

sergeant that worked for him, and discovered her suite destroyed. Id. ¶ 9. He feared she might

be dead and went to get help outside. Id. “It was six hours of thinking [he] had failed to keep

[his] charge safe before [he] found out she was elsewhere and ok.” Id. Albritton made his way

out of the building, but once there, the crowd began running toward the interior of the compound

thinking they would be attacked again. Id. ¶ 12. Albritton realized that injured personnel on

stretchers were unable to walk, so he “turned around and moved against the flow until [he] was

able to see all the stretchers were gone.” Id. As a result of the attack, Albritton “sustained

multiple lacerations, glass shrapnel wounds and trauma to [his] body and extremities.” Id. ¶ 16.

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He was unable to get his wounds stitched because he “spent two to three hours [helping the

medics] . . . until [he] couldn’t take the smell of blood and cries of pain and anger.” Id. ¶¶ 11,

14. His wound “eventually ‘healed,’ but it still aches.” Id. ¶ 14. Albritton believes “[t]he attack

on Khobar Towers changed [his] life forever.” Id. ¶ 18. A psychologist that treated him “told

[him that he] had PTSD, put [him] on medication, and had [him] come back for counseling twice

a week.” Id.; id., Att. (medical records, dated June 27, 1996), ECF No. 31 at 11. Albritton has

“not contacted the V.A. or ever attempted to petition for Veteran’s Benefits,” because he fears

that “it will bring that night crashing back on [him].” Id. ¶ 20. Albritton received the Purple

Heart for his injuries. Id. ¶ 17; id., Att. (Purple Heart Certificate, dated Aug. 6, 1996), ECF No.

31 at 12.

Two of Albritton’s family members are plaintiffs in this lawsuit: his wife, Sandra B.

Albritton; and his daughter, Erika Weinfurter. Sandra Albritton was married to Albritton at the

time of the attack on Khobar Towers, and was with their two daughters at a softball practice.

Decl. of Sandra B. Albritton (“Sandra Albritton Decl.”) (Sept. 6, 2018) ¶¶ 4–5, ECF No. 31

(sealed), ECF No. 151 (public). She first learned about the attack from a voice message. Id ¶ 5.

She “was aghast” as she “raced to the TV and turned on the news” to hear more. Id. She “had

no idea if Tim was alive or dead [and she] kept going to the door expecting to see the Chaplain

and [her husband’s] commander coming to tell [her that he] was indeed gone.” Id. Hours later,

she “discovered Tim had called and said he was hurt but alive, and he would try to call me

back.” Id. ¶ 6. She did not get to talk to him until several days later, and she “was worried sick

about what type of injury he sustained.” Id. She also “worried about [their] children’s emotional

health” during this time. Id. After her husband came home, “he was different[,] withdrawn and

constantly worried about [their] safety.” Id. ¶ 7. He returned with “a quick temper that he did

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not have when [they] first got married,” id. ¶ 9, in addition to other emotional issues. Sandra

Albritton experienced and continues “to experience, extreme grief and distress as a result of the

injuries sustained by [her] husband.” Id. ¶ 11.

Albritton’s daughter, Erika A. Weinfurter, was eleven years old on the day of the attack.

Decl. of Erika A. Weinfurter (“Erika Weinfurter Decl.”) (Sept. 5, 2018) ¶ 5, ECF No. 31

(sealed), ECF No. 151 (public). She learned about the attack from the “unusual number of

messages” on their answering machine. Id. She does not “really remember how long it took to

find out if [her] father was ok,” but it “seemed like a lifetime had passed.” Id. She “feared never

seeing him again,” and crawled into a ball after watching the news reports, “crying out, ‘my dad

is dead, my dad is dead.’” Id. Later that night, she learned that “there was a message from [her]

father telling [the family] he was alive, but injured.” Id. ¶ 6. When her father returned, he

“struggled with PTSD and he would be very quick to get angry.” Id. ¶ 8. In public, “he walks in

a box-pattern around [them] . . . planning an exit strategy in the event that an attack would

happen again.” Id. “It was difficult” for her during her high school years because her father had

to travel and she “didn’t know what would happen and if he would return.” Id. ¶ 7. As a result

of the attack, she has “horrible anxiety” if she has not heard about a loved one after a while, and

“begin[s] fearing the worst.” Id.

46. Josephine E. Alston and Two Family Members

On June 25, 1996, Josephine E. Alston was a service member in the U.S. Air Force

deployed to Saudi Arabia, stationed at Khobar Towers in Dhahran, Saudi Arabia. Decl. of

Josephine E. Alston (“Alston Decl.”) (Sept. 7, 2018) ¶ 4, ECF No. 32 (sealed), ECF No. 153

(public). On the night of the attack, Alston and her suitemates were in their dorm room, about

three buildings away from the blast. Id. ¶ 5. She then “heard the loudest explosion [she has]

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ever heard in [her] life. The building shook . . . [and she] was so scared.” Id. After the blast, she

“stood there in the middle of [her] bedroom in tears.” Id. She was shocked and felt like she was

in a “bad dream.” Id. She left her room and saw the destruction. Id. She “didn’t know what

happened to” her suitemates and she made her way to the stairwell to exit the building. Id.

“People were bleeding[,] and everyone was running, crying and trying to figure out what

happened.” Id. She eventually arrived at the “medical area to have the glass [she] had stepped

on while escaping the building taken out of [her] foot.” Id. Alston volunteered after the attack to

“search the damaged buildings.” Id. ¶ 6. “Seeing all the blood and destruction is something that

will remain etched in [her] memory forever.” Id. She has had “trouble sleeping since the attack,

and [she] take[s] over the counter sleep aids to help [her] sleep.” Id. ¶ 7. Alston “was in severe

pain immediately following the injury,” and is seeking a disability rating from the VA. Id.

Alston received the Purple Heart for wounds received in action. Id. ¶ 7; id., Att. (Purple Heart

Certificate, dated Aug. 8, 1996), ECF No. 32 at 9; id., Att. (Certificate of Release or Discharge

from Active Duty, confirming medal), ECF No. 32 at 7.

Two of Alston’s family members are plaintiffs in this lawsuit: her daughter, Brittany R.

Alston; and her son, Marcus A. Alston. Brittany Alston was a child when she first learned of the

attack on Khobar Towers. Decl. of Brittany R. Alston (“Brittany Alston Decl.”) (Sept. 21, 2018)

¶ 5, ECF No. 32 (sealed), ECF No. 153 (public). Her father explained to her that “[her] mom’s

building was bombed and that [her] mother was injured in her foot.” Id. He told her of “[her]

mother’s bravery in going back into the building to help others injured by the bomb despite being

injured herself.” Id. When Brittany Alston’s mother returned, she was “incredibly distant,

withdrawn, and significantly less nurturing.” Id. ¶ 7. She believes her mother’s “emotional and

mental scarring” affected their personal relationship and contributed to her parent’s divorce. Id.

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¶¶ 6–7. She attributes her mother’s “overall decline in the ability to show emotion, bond with

people, and have empathy towards the difficult times of others” to the attack. Id. ¶ 8. The

relationship she has with her mother “is still actively impacted by this tragic event.” Id. The

effects of the attack on Brittany Alston’s “daily life and family life” were “devastating.” Id. ¶ 6.

She “needed counseling services privately and in school to help [her] cope with everything.” Id.

¶ 7. She also began “to have screaming fits in the middle of the night, yelling for [her] mother

when [she] was living with my father” and she knew her mother was away. Id. As a result of

the attack, her “own mental health” was affected and she felt “extremely uneasy” whenever her

mother was away from home for an extended period. Id.

Alston’s son, Marcus A. Alston, was two years old on the day of the attack. Decl. of

Marcus A. Alston (“Marcus Alston Decl.”) (Dec. 19, 2018) ¶ 5, ECF No. 32 (sealed), ECF No.

153 (public). He has “little to no memory of the attack,” but remembers that in the years after

the attack his mother “ha[d] migraine headaches, and [was] hyper-vigilant and over protective.”

Id. He had a “difficult upbringing” as a result of his mother’s “anxiety and hypervigilance.” Id.

The attack created a “strain, nervousness, and anxiety” on his life because he “grew up with a

parent who was continuously” distressed. Id. ¶ 6. His mother’s “experiences and injuries had a

profoundly negative impact on [their] relationship.” Id. ¶ 7.

47. Angel M. Ayala and Three Family Members

On June 25, 1996, Angel M. Ayala 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 Angel

M. Ayala (“Ayala Decl.”) (Oct. 8, 2018) ¶¶ 4, ECF No. 33 (sealed), ECF No. 155 (public). On

the night of the attack, Ayala was in the living room of his dormitory, next to a glass sliding

door, on the second story of Building 133, which was next to the building closest to the truck

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bomb. Id. ¶ 5. The explosion “broke the sliding glass door and blew glass shards into the

room.” Id. ¶ 6. The force of the blast knocked Ayala unconscious, and when he woke up, “it

was dark and [his] entire left side was numb.” Id. He had “sustained glass shrapnel wounds to

the left side of [his] face, neck, and abdomen, and the noise of the blast had perforated [his] left

eardrum.” Id. He walked into the hallway, but he “felt as if [he] was going to pass out.” Id. ¶¶

7–8. He saw several airmen “who appeared to be yelling at [him], but [he] couldn’t hear

anything.” Id. ¶ 8. He read their lips and learned they were telling him “not to move because

[he] was bleeding badly.” Id. He “was covered in blood,” and they “applied pressure over [his]

body to slow the blood loss.” Id. He was taken to the triage area, but it “was packed to

capacity” and he “began having panic attacks and feeling nauseated.” Id. ¶ 9. Ayala was taken

to the hospital and “rushed into emergency surgery.” Id. ¶ 10. After this surgery, he was then

“aeromedically evacuated” to a hospital in Germany for further treatment. Id. ¶ 11. Ayala

received treatment again in Florida and New Mexico. Id. ¶ 12. After two weeks, he “was

processed to go home” and went “back to work as usual.” Id. ¶ 15. Ayala had “a hard time

because [he] only felt secure in [his] dormitory room.” Id. ¶ 15. He continued to “have panic

attacks, and sometimes would leave work to seek refuge in [his] dormitory room.” Id. The

attack “changed [his] life forever.” Id. ¶ 17. Ayala had to receive “plastic surgery on [his] face

and neck.” Id. ¶ 16. His ruptured eardrum “caused hearing loss and tinnitus in [his] left ear [and

he has] permanent disfiguring scars on [his] face and neck.” Id. ¶ 17. Ayala also suffered from

PTSD, with symptoms including “extreme anxiety, panic attacks, avoidance,” and others. Id.

The VA rated Ayala 40% disabled as a result of the injuries sustained in the attack. Id. ¶ 19; id.,

Att. (Letter from VA, dated May 21, 2017), ECF No. 33 at 60–61; see also id., Att. (medical

records), ECF No. 33 at 7–53. Ayala was awarded the Purple Heart for wounds he received

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during the attack. Id. ¶ 13; id., Att. (Certificate of Release or Discharge from Active Duty,

confirming medals), ECF No. 33 at 6; id., Att. (Special Order GB-276, dated July 2, 1996), ECF

No. 33 at 57.

Three of Ayala’s family members are plaintiffs in this lawsuit: his father, Fernando

Ayala; his mother, Zandra M. Ayala; and brother, John J. Ayala. Fernando Ayala first learned of

the attack “the day after when it was on the news.” Decl. of Fernando Ayala (“Fernando Ayala

Decl.”) (Sept. 4, 2018) ¶ 5, ECF No. 33 (sealed), ECF No. 155 (public). He experienced

“extreme grief and distress” when he learned of the bombing, and he did not know whether his

son was “injured or even alive.” Id. Before he learned of his son’s status, he could not “eat,

sleep or work because [he] was so afraid [that he] had lost [his] oldest son.” Id. He was unable

to see his son in person until three weeks after the attack. Id. His son “looked like a completely

different person” and “like an empty shell of a man.” Id. Ayala’s son “had untreated PTSD

from that attack” and his physical wounds “were bad.” Id. ¶ 7. Ayala helped his son “with his

wound care by buying products and trying to treat him,” but found it difficult to get his son the

“psychological help he needed.” Id. Ayala was financially strained as a result of his son’s

injuries because he “tried to support him,” and “took time off work and spent money on wound

care.” Id. The injuries Ayala’s son received in the attack caused “so much stress and turmoil,”

with “sleepless nights wondering if [his] son was going to be okay.” Id. ¶¶ 6, 8. It has “been a

horrible experience [that he] wouldn’t wish on any parent.” Id. ¶ 8.

Ayala’s mother, Zandra M. Ayala, learned of the attack on the news the day after it

occurred. Decl. of Zandra M. Ayala (“Zandra Ayala Decl.”) (Sept. 4, 2018) ¶¶ 4–5, ECF No. 33

(sealed), ECF No. 155 (public). She “experienced extreme grief and distress when [she] found

out that [her] son was injured in the attack on Khobar Towers.” Id. ¶ 5. She “immediately began

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to panic, and [she] did not know if he was dead or alive.” Id. She “called military bases to get

information” but several days passed before she learned her son was alive and she “feared for the

worst.” Id. The attack on her son had a “devastating” effect on her “daily life and family life.”

Id. ¶ 6. As a registered nurse, she cared for her son on his return, treating his wounds and

helping him buy treatment products. Id. She was not able, however, to “help [her son] with his

psychological problems” and he “was out of [their] control.” Id. She had “many sleepless nights

wondering if [her] son was going to be okay.” Id.

Ayala’s brother, John J. Ayala, “experienced extreme grief and distress when [he] found

out that [his brother] was injured in the attack.” Decl. of John J. Ayala (“John Ayala Decl.”)

(Oct. 18, 2018) ¶¶ 4–5, ECF No. 33 (sealed), ECF No. 155 (public). Their mother woke John

Ayala up “in a panic to tell [him] about the attack,” and asked him to “pray for [his] brother with

her.” Id. ¶ 5. Days later, he learned that his brother had “survived and was among the injured.”

Id. When his brother returned, it felt “like [he was] a different person” and “as if [the family]

had lost him in some way.” Id. ¶ 6. John Ayala spent many moments upset about his brother’s

outburst and other moments “worried about him because he couldn’t sleep at night from the

nightmares.” Id. John Ayala “helped the family financially because Angel was struggling with

taking care of himself.” Id. ¶ 7. He “remember[s] times [he] couldn’t sleep because [he] would

worry about [Angel] hurting himself or getting into trouble with the law.” Id. ¶ 6. It was “heart-

breaking to see someone who [he] looked up to go through all that.” Id. ¶ 7.

48. Shawn R. Clevenger

On June 25, 1996, Shawn R. Clevenger was a Senior Airman in the U.S. Air Force

deployed to Saudi Arabia, stationed at Khobar Towers in Dhahran, Saudi Arabia. Decl. of

Shawn R. Clevenger (“Clevenger Decl.”) (Sept. 30, 2018) ¶ 3, ECF No. 44 (sealed), ECF No.

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172 (public). On the night of the bombing, Clevenger was with his roommates looking out from

the balcony. Id. ¶ 4. He “remember[s] the lights flickering, and then all [h]ell broke loose.” Id.

The sliding glass door shattered, and Clevenger “grabbed [his] roommate to shield him from the

glass and shrapnel.” Id. When Clevenger tried to pick himself up, he “fell back to the ground

with intense pain in [his] foot. [He] looked down and saw blood all over [his] legs and the

floor.” Id. He was carried into the courtyard where he saw “bodies all over the yard.” Id. ¶ 5.

Clevenger began to worry about another attack, and whether he would ever see his family again

or even walk again. Id. ¶ 6. Clevenger received stitches and learned that he had a cut behind his

right knee “that revealed the tendon.” Id. ¶ 7. After the attack, Clevenger has struggled with

crowds. Id. ¶ 11. He is “always on alert” and “[l]oud noises [and] people approaching [him]

from behind, makes [his] mind race.” Id. He struggles with conversations with his family, and

his “anxiety gets the best of [him].” Id. ¶ 12. He has been “prescribed anti-depressants, and

other medications to help deal with [his] issues.” Id. Clevenger’s family has witnessed his

“outbreaks, and walk on pins and needles to avoid [his] triggers.” Id. ¶ 13. The VA has rated

Clevenger 50% disabled because of his symptoms. Id.; id., Att. (VA Rating Decision, dated Apr.

13, 2009), ECF No. 44 at 12–16; see also id., Att. (medical records), ECF No. 44 at 17–21.

Clevenger was awarded the Purple Heart for the injuries he received. Id. ¶ 7; id., Att. (Purple

Heart Certificate, dated July 2, 1996), ECF No. 44 at 7; id., Att. (Certificate of Release or

Discharge from Active Duty, confirming medal), ECF No. 44 at 6.

49. Paul S. Collins

On June 25, 1996, Paul S. Collins was a service member in the U.S. Air Force deployed

to Saudi Arabia, stationed at Khobar Towers in Dhahran, Saudi Arabia. Decl. of Paul S. Collins

(“Collins Decl.”) (Oct. 17, 2018) ¶ 3, ECF No. 45 (sealed), ECF No. 174 (public). On the night

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of the bombing, Collins was in the “Fast-Cal building,” about half a mile from the explosion. Id.

¶ 4. “When the explosion went off, the windows in the Fast-Cal building imploded and all of the

equipment on the walls and shelves [was] destroyed.” Id. Collins “felt as though all the oxygen

was pulled out of the building,” making breathing difficult, so he ran outside, id., where he saw

“pandemonium with people running in every direction and all of the sirens going off,” id. ¶ 5.

He ran with “hundreds of other people to fox holes” for safety. Id. ¶ 6. Collins “felt like a

trapped rat . . . and [he] still didn’t know what was going on or what really happened.” Id. He

returned to the Towers in the morning and saw the bomb’s damage. Id. ¶ 7. Over the next two

weeks, Collins “assisted cleaning up debris and moving the dead bodies. While [he] was there,

[he] spoke to many doctors and psychiatrists about the ordeal.” Id. ¶ 8. Collins developed PTSD

as a result of the bombing. Id. ¶ 9. “The trauma was so severe that it has affected every day of

[his] life.” Id. He has received “five or six inpatient treatments for drug and alcohol abuse.” Id.

Whenever he has tried to write about the attack, he “break[s] down every time and start[s] to

cry.” Id. ¶ 10. Collins is “still under psychiatric treatment and evaluation.” Id. ¶ 11. The VA

has rated Collins 70% disabled because of his PTSD. Id. ¶ 12; id., Att. (Statement of the Case

from VA, dated Sept. 28, 2009), ECF No. 45 at 9–20. Collins received the Air Force

Achievement Medal for his service. Id. ¶ 15; id., Att. (Certificate of Release or Discharge from

Active Duty, confirming medal), ECF No. 45 at 6; id., Att. (Memorandum for 46 MS, Eglin

AFB, dated Nov. 1, 1996), ECF No. 45 at 21.

50. Robbie J. Cotterman

On June 25, 1996, Robbie J. Cotterman was a service member in the U.S. Air Force

deployed to Saudi Arabia, stationed at Khobar Towers in Dhahran, Saudi Arabia. Decl. of

Robbie J. Cotterman (“Cotterman Decl.”) (Sept. 22, 2018) ¶ 3, ECF No. 46 (sealed), ECF No.

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175 (public). On the night of the bombing, Cotterman was asleep “next to building 131.” Id. ¶

4. The bomb detonation shattered windows and caused Cotterman to “sustain[] lacerations on

the back of [his] right arm, right leg, and [his] back” such that his body was “completely

imbedded with glass and concrete shrapnel.” Id. He received medical treatment to “remove the

glass shrapnel and suture [his] wounds.” Id. ¶ 5. As a result of the attack, Cotterman is

“scarred.” Id. He suffers from “anxiety and jumpiness that impact [his] life.” Id. Cotterman is

in “the process of seeking a disability rating from the V.A. for PTSD.” Id. Cotterman has

received the Purple Heart for the wounds he sustained in the bombing. Id. ¶ 6; id., Att. (Purple

Heart Certificate, dated Aug. 8, 1996), ECF No. 46 at 5; id., Att. (Certificate of Release or

Discharge from Active Duty, confirming medal), ECF No. 46 at 4.

51. Rose A. Davis

On June 25, 1996, Rose A. Davis was a service member in the U.S. Air Force deployed

to Saudi Arabia, stationed at Khobar Towers in Dhahran, Saudi Arabia. Decl. of Rose A. Davis

(“Davis Decl.”) (Sept. 5, 2018) ¶ 3, ECF No. 47 (sealed), ECF No. 179 (public). At the time of

the bombing, Davis was preparing for bed in the “building right next door to Building 131.” Id.

¶ 4. The blast wave knocked Davis into the wall and “[e]verything went completely black and

there was no sound.” Id. “Seconds later, the screaming started and everyone was trying to get

out.” Id. Davis sustained lacerations and glass shrapnel wounds. Id. Davis saw her boyfriend

“bleeding profusely from several glass lacerations” outside the building and she “tended to him

to try to keep him from bleeding to death.” Id. “The horrors of that night and its memories will

remain with [her] until [her] memory is gone.” Id. ¶ 7. Davis suffered “chronic back pain” as a

result of the attack and has “had a series of x-rays and MRI’s right before [she] retired.” Id. ¶ 6.

Davis also “began physical therapy and pain shots,” but has “been told [she] will eventually need

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surgery because the pain will never get better.” Id. “The bombing changed [her] life forever.

Since the attack, [she has] suffered from claustrophobia, nightmares and sleeping problems.” Id.

¶ 9. The VA rated Davis 20% disabled for the physical injuries she sustained. Id. ¶ 8; id., Att.

(Letter from VA, dated June 30, 2018), ECF No. 47 at 14–15; see also id., Att. (medical

records), ECF No. 47 at 7–13. Davis was awarded the Purple Heart for wounds she received

during the attack. Id. ¶ 11; id., Att. (Certificate of Release or Discharge from Active Duty,

confirming medal), ECF No. 47 at 6; id., Att. (Special Order GB-725, dated Aug. 21, 1996), ECF

No. 47 at 16.

52. Robert L. DePyssler and One Family Member

On June 25, 1996, Robert L. DePyssler was a Senior Airman in the U.S. Air Force

deployed to Saudi Arabia, stationed at Khobar Towers in Dhahran, Saudi Arabia. Decl. of

Robert L. DePyssler (“DePyssler Decl.”) (Oct. 19, 2018) ¶ 4, ECF No. 48 (sealed), ECF No. 181

(public). At the time of the bombing, DePyssler was “standing in building 129,” “wearing a t-

shirt and shorts,” and the blast made him lose consciousness and “pushed [him] from where [he]

was standing into the kitchen.” Id. ¶ 5. When he regained consciousness, he “had excruciating

pain throughout [his] entire body and [his] ears were ringing horribly.” Id. DePyssler then “ran

barefoot over broken glass” to a nearby building, believing another attack was imminent. Id. ¶ 6.

When he tried to escape, he “realized [he] had jagged shards of glass in [his] feet . . . and [he]

could no longer run.” Id. He had to have pieces of glass removed from his feet, and only after

several years did he regain full feeling and normal sweat glands in his feet. Id. Since the attack,

his ears “have not stopped ringing” and he has been diagnosed with tinnitus. Id. ¶ 7. DePyssler

has had to “read lips many times when people are talking to [him] because the ringing makes it

hard to hear.” Id. He “cannot talk about the

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