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 plaintiffs whose case will be heard this month in the largest class action lawsuit in English authorized. history.
Gelvana Aparecida Rodrigues da Silva, 37, lost her son Thiago on November 5, 2015 when the Fundão dam, near Mariana in eastern Brazil, collapsed, releasing some 50 million cubic meters of toxic waste .
The avalanche of water reached the small community of Bento Rodrigues in a matter of minutes and killed 19 people, including Thiago, who was staying with his grandmother at the time.
“His grandmother said he asked for Jesus,” Da Silva said of his son's last moments. “He called Jesus to save him. But they were destroyed.”
Thiago's body was found a week later, 100 kilometers away. “At that moment my life ended,” he said. “Everything changed.”
The iron ore waste stored in the dam quickly moved through several waterways, overflowing their banks and reaching the neighboring municipalities of Mariana, Barra Longa, Rio Doce and Santa Cruz do Escalvado.
It destroyed bridges, roads, homes, factories and other business premises, as well as farmland, wildlife and historic churches containing priceless artifacts.
Around 620,000 people, 46 Brazilian municipalities, 2,000 companies and 65 religious institutions will claim damages from the Anglo-Australian mining company BHP in a trial at London's high court that will be heard over 12 weeks, starting on October 21.
Tom Goodhead, chief executive of international law firm Pogust Goodhead, which represents the plaintiffs, said they will argue that BHP is liable as a 50% shareholder in Samarco, the joint venture responsible for managing the Fundão tailings dam.
It is further alleged that BHP, which was in a joint venture with Brazilian iron ore mining company Vale, was negligent in that although “they were aware of the risks of the dam collapsing, they financed its expansion”, Goodhead said. . The plaintiffs are seeking up to $44 billion (£33.6 billion) in compensation.
BHP, together with Vale and Samarco, established the Renova Foundation to provide compensation to individuals and some small businesses for losses and damages, as well as mitigate environmental impacts. The company said it would defend the legal action.
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A BHP spokesperson said: “The Fundão dam collapse was a tragedy and our deepest condolences are with the families and communities affected.
“The Renova Foundation, established in 2016 as part of our agreement with Brazilian authorities, has spent more than $7.7 billion on emergency financial assistance, compensation and environmental and infrastructure repair and reconstruction to approximately 430,000 people, local businesses and indigenous communities.
“BHP Brazil is working collectively with Brazilian authorities and others to seek solutions that finalize a fair and comprehensive compensation and rehabilitation process that keeps funds in Brazil for the affected Brazilian people and environment, including impacted indigenous communities.
“BHP continues to defend legal action in the UK. We believe that the UK litigation, which, if successful, would not see plaintiffs receive payment until 2028 at the earliest, duplicates – and harms – local reparation efforts in Brazil.
“As a non-operating partner of a joint venture in Samarco, BHP Brazil has no operational or day-to-day management of the business. BHP did not own or operate the dam or any related facility.”
Thiago's father, who died two years ago, received a small compensation after the disaster, which he shared with Da Silva, but she said she had had no personal contact with the companies involved.
She said: “All we ask for is justice, that this never happens to any other mother. No money in the world will be able to get my son back, but I want them to be responsible for this, for this crime.”
Goodhead said: “As far as we know, this is the largest group action ever brought in the English courts and we believe probably the largest anywhere in the world. And that's probably due to both the value and the number of applicants participating in it.”