A claim a Mount Isa baby girl suffered brain damage from lead emissions from Glencore's smelter is set for the Supreme Court.
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Sharnelle Seeto is bringing the case for her daughter Bethany Sanders seeking multi-million dollar compensation after mediation failed to resolve the matter.
The case is scheduled for trial in the Brisbane Supreme Court on May 9.
The family moved to Mount Isa in 2006 and Bethany was just 20 months old in 2007 when it was discovered she had lead poisoning.
ABC's 7.30 program reported in 2010 Bethany had a blood lead level 2.5 times the maximum recommended limit.
A year later lawyers filed a claim in her name accusing then smelter owner Xstrata of negligence contributing to her disabilities of brain damage and impairment of neuropsychological function including executive function.
By then Ms Seeto, who was pregnant with another child, moved back to Brisbane.
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Glencore took over Mount Isa Mines from Xstrata in 2012 and inherited the claim.
The claim accused the smelter owner of "failing to take appropriate steps to warn persons within the city of Mount Isa that both they and their children were at high risk of inhalation or ingestion of lead and that children should be regularly tested."
The claim said that due to her exposure to lead and blood contamination Bethany has suffered "impairments in fine motor functioning, expressive and receptive language, verbal memory and social perception.
Glencore said the levels were negligible and within legal limits and most emissions were blown away from town and they have also introduced an air quality app.
Bethany's claim could set a precedent if successful though Glencore has improved air quality standards since 2007 and can reduce output from on days when wind blows towards town.
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