The U.S. Anti-Terrorism Act dates to 1992 and allows for U.S. citizens and their survivors to file civil lawsuits for injuries or deaths caused by an act of international terrorism. Iraq War veterans are increasingly turning to litigation after an IED (improvised explosive device) attack.

Violations of the Anti Terrorism Act

The Department of Defense has found that a number of foreign banks helped Iran circumvent U.S. sanctions and supply money to terrorist groups, funding the creation of IEDs and EFPs (explosively formed penetrators) that have resulted in injuries and deaths among U.S. troops.

The Justice Department has also investigated drugmakers and medical device manufacturers over claims that these companies gave free medicine and supplies to Iraq in spite of knowing it would be used to “underwrite terrorist attacks on American troops,” according to the New York Times.

The investigation was launched after a lawsuit was filed against five companies — General Electric, Johnson & Johnson, Pfizer, Roche Holding A.G., and AstraZeneca — on behalf of dozens of Iraq war veterans and hundreds of family members of those who died.

To prove that something is a violation of the Anti-Terrorism Act, plaintiffs must show that the event was an act of international terrorism (expressly excluding acts of war and domestic terrorism); the plaintiff must be a U.S. national (or their survivor); and the defendant must have either directly caused the injuries or aided and abetted the terror attack that did.

States Sponsoring Iraq War Terrorism

Despite sanctions placed on Iran by the U.S., Iran has been found to have circumvented sanctions and found ways to fund terrorist operations in Iraq. Some wounded members of the military and their family members have filed lawsuits against Iran for aiding in IED attacks against the U.S. military.

The New York Times wrote that in 2016, more than 300 wounded veterans and families of service members killed in Iraq filed a lawsuit alleging that Iran should be held partially responsible for the service members’ death. The claims pointed a finger at Gen. Qassim Suleimani, who led Iran’s Revolutionary Guard’s Quds Force, and claim that the force gave Iraqi militias the training and materials needed to create IEDs used against American soldiers.

Some officials claimed that there were hundreds of IEDs and EFPs linked to Iran, and President Donald Trump said that Suleimani had “viciously wounded and murdered thousands of US troops.”

According to the Times, Suleimani was behind a number of attacks that wounded nearly 30,000 service members and killed nearly 4,500 more, however, experts disagree on the number of IED attacks that could be traced back to Suleimani. Suleimani had maintained that this was not the case. He was killed in January 2020.

Following his death, the father of a service member believed to have been killed by an explosive device funded by Iran said that “the world is better off without General Soleimani. [People] who are trying to define Soleimani, than a different individual than he is, in my view, is complete nonsense. They have no idea what they are talking about. This man is nothing but Dr. Death and I am glad that he is gone.”

Though a court ruled in favor of the veterans and families who filed the 2016 Iraq War lawsuit, the Times says it’s unlikely Iran will have to compensate the service members. The plaintiffs are more likely to receive compensation from the United States Victims of State Sponsored Terrorism Fund.

What Injuries Can Be Compensated?

A number of Iraq War injuries can be compensated under the Anti-Terrorism Act, both mental and physical. The United States Victims of State Sponsored Terrorism Fund was established in 2015 under the Anti-Terrorism Act and aims to compensate those affected by terrorism.

Common injuries suffered by the people who have received compensation under the Anti-Terrorism Act include:

• Mental and physical injuries from explosions (for instance, IED attacks)
• Broken bones
• PTSD (post-traumatic stress disorder)
• Traumatic brain injuries
• Spinal cord injuries
• Amputations
• Loss of vision
• Death

IED blasts are some of the most common causes of injuries and can lead to serious and long-lasting physical and mental injuries. The effects may be evident immediately, or they may take some time to develop. Many veterans impacted by an IED blast suffered traumatic brain injuries, or TBI. These injuries can lead to physical as well as cognitive issues.

Notably, after an Iranian missile attack in Iraq in January, President Donald Trump claimed no one was harmed in the attack. However, dozens of cases of IED attack injuries have surfaced, but the president dismissed concerns by calling them “headaches,” and saying that such injuries are “not very serious.”

Despite these claims, the effects of traumatic brain injuries from IED attacks can be quite serious. Physical symptoms of these brain injuries can include headaches, nausea or vomiting, fatigue, loss of consciousness, problems with speech, difficulty sleeping, and more. There may be sensory issues such as blurred vision, ringing in the ears, or light or sound sensitivity. Mayo Clinic says that people may also experience cognitive problems such as with memory or concentration difficulties, mood changes or mood swings, depression, anxiety, among many others.

So far, more than $1 billion has been paid from the U.S. Victims of State-Sponsored Terrorism Fund to victims and their families. The figure is expected to keep climbing as applications are processed.

Many service members and their families may be eligible for compensation due to injuries or wrongful death under the law. According to a 2019 report, Iran-backed militants were responsible for approximately one of every six deaths in the Iraq War, totaling at least 603 deaths, many caused by IEDs, rockets, mortars, grenades, or other munitions.

Filing an IED Attack Lawsuit

If you or someone you love was injured in an IED attack in the Afghanistan or Iraq War while serving in the U.S. military, you may be able to file a lawsuit under the Anti-Terrorism Act and pursue compensation.

The father of an Army Specialist killed by an explosive device in 2006 has been outspoken in his criticism of Iran. Patrick F., a plaintiff in an IED lawsuit filed against Iran by several families of military members injured or killed by IEDs, has stated that the country got away with murder. Although he acknowledged that his lawsuit against Iran could not change the past, Patrick said he hoped it would at least set the record straight and help military leaders learn from past mistakes.

Of course, filing a lawsuit cannot take away the pain and suffering caused by such injuries, nor can they bring a loved one back to life, but they can at least help to alleviate the financial burden incurred by medical expenses and lost wages, as well as hold the groups that contributed to these attacks accountable for their actions.

Pursuing litigation can be a daunting prospect, especially over something as serious as injuries from an IED attack, so Top Class Actions has laid the groundwork by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

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If you or a loved one was injured or killed by an IED attack or EFP while fighting in the Iraq or Afghanistan wars, legal recourse is available. Get help now by filling out the form on this page for a FREE case evaluation.

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