Federal District Judge awards $628 million to 32 injured veterans and 40 of their family members.Posted on May 4, 2023
In Roth et al. v. Islamic Republic of Iran (Case No. 1:19-cv-02179-TNM), the court found Iran liable for providing material support to various terrorist organizations that attacked and injured US soldiers in Iraq and Afghanistan. Federal Judge Trevor McFadden of the United States District Court for the District of Columbia awarded $314,500,000 in compensatory damages and $314,500,000 in punitive damages.
The lawsuit involved servicemembers who were killed and/or injured in terrorist attacks where Iran was found liable for provided funding, training, and/or other material support to terrorist groups. “We proved that Iran was responsible for killing and inflicting devastating injuries on our clients through expert testimony and documentary evidence. We’re grateful to our clients for their sacrifices and to Judge McFadden for his thorough and meticulous evaluation of the evidence presented,” said attorney Brad Lakin. “We’ve had the honor representing many catastrophically injured clients over decades, none more deserving than our clients in this case,” Lakin said.
Normally, foreign governments cannot be sued and have immunity under the Foreign Sovereign Immunity Act 28 U.S.C. § 1602 et seq. (“FSIA”). “We were able to successfully sue Iran because of an exception in FSIA, which allows lawsuits against State Sponsors of Terrorism (Iran) who provide material support or resources to terrorist organizations who conduct the heinous terrorist attacks that injured and killed our clients in countries like Iraq and Afghanistan,” attorney Rob Schmieder said. “It’s great to fight for those who fight for and defend our freedom,” he said.
The lawsuit consisted of U.S. servicemembers who were killed and/or were severally injured by terrorist attacks in Iraq and Afghanistan. One servicemember is a double leg amputee and another a single leg amputee. Many veterans suffered devastating traumatic brain injuries and post-traumatic stress disorder which will affect them for the remainder of their lives. Family members of the injured were also compensated for their losses when their loved ones returned