The mother of a seven-year-old boy who was torn from his grandmother's arms and drowned in one of Brazil's worst environmental disasters is among more than 620,000 claimants to have their case heard this month in the largest class action in English legal history.
Gelvana Abarecida Rodríguez da Silva, 37, lost her son Diego on November 5, 2015 when the Fundo Dam collapsed near Mariana in eastern Brazil. About 50 cubic meters of toxic waste is released.
The avalanche hit the small community of Bento Rodriguez within minutes, killing 19 people, including Thiago, who was staying with his grandmother.
“His grandmother said he heard Jesus,” da Silva said of her son's final moments. “He called on Jesus to save him. But they are separated.”
Thiago's body was found a week later, 60 miles (100 km) away. “In that moment, my life was over,” he said. “Everything has changed.”
The iron ore tailings stored in the dam quickly moved into various water bodies, spilling their banks and into the neighboring municipalities of Mariana, Barra Langa, Río Dos and Santa Cruz do Escalvado.
It destroyed bridges, roads, homes, factories and other commercial complexes, as well as farmland, wildlife and historic churches with priceless artifacts.
Some 620,000 individuals, 46 Brazilian municipalities, 2,000 businesses and 65 trusts from Anglo-Australian mining giant BHP will be heard in a High Court hearing in London over 12 weeks from October 21.
Tom Goodhead, chief executive of Pogust Goodhead, the international law firm representing the claimants, said they would argue. BHP Fundão tailings will take over as a 50% shareholder in Samarco, the joint venture responsible for managing the dam.
After the newsletter promotion
BHP, which had a joint venture with Brazilian iron-ore miner Vale, was also allegedly negligent. Aware of the risk of the dam collapsing, they financed its expansion”, Goodhead said. Claimants are seeking up to $44bn (£33.6bn) in compensation.
BHP, along with Vale and Samarco, established the Renova Foundation to provide compensation for loss and damage to individuals and certain small businesses, as well as to mitigate environmental impacts. The company said it would defend legal action.
A BHP spokesman said: “The collapse of the Fundão dam is a tragedy and our deepest sympathies go out to the families and communities affected.
“The Renova Foundation, established in 2016 as part of our agreement with the Brazilian authorities, has spent more than $7.7bn on emergency financial assistance, compensation and environmental and infrastructure repair and reconstruction to around 430,000 individuals, local businesses and indigenous communities.
“BHP Brazil is working collaboratively with Brazilian authorities and others to seek solutions to finalize a fair and comprehensive compensation and rehabilitation process that keeps funds in Brazil for the affected environment, including the Brazilian people and affected indigenous communities.
“BHP continues to defend the legal action in the UK. We believe that the UK case, if successful, would mean that claimants would not see payment until 2028 at the earliest, duplicating and harming local settlement efforts in Brazil.
“As a non-operating joint venture partner in Samarco, BHP Brazil does not have operational or day-to-day control of the business. BHP does not own or operate the dam or related facilities.
Thiago's father, who died two years ago, received a small sum of money for compensation after the disaster, which he shared with da Silva, but he said he had no personal connection to the companies involved.
She said: “All we ask for is justice, this should not happen to any other mother. No amount of money in the world can bring my son back, but I want them to take responsibility for this crime.
Goodhead said: “To our knowledge, this is the largest group action ever brought before the English courts and we believe it is the largest anywhere in the world. It may be based on value and number of claimants participating in it.
