An alleged connection between a refinery pipefitter’s mesothelioma and historical asbestos exposure created a complex dispute requiring reconstruction of decades-old workplace conditions. Baker & O’Brien applied its refinery construction experience, engineering knowledge, and project analysis capabilities to evaluate potential exposure opportunities during the refinery construction period. The matter was resolved before trial after Baker & O’Brien’s expert provided deposition testimony regarding historical construction activities and exposure evaluation.

Refineries are complex process systems designed around the controlled transfer of energy, fluids, and materials. To maintain process efficiency and safety, equipment such as piping, vessels, heat exchangers, pumps, and tanks often requires insulation to manage heat transfer. For much of the twentieth century, asbestos-containing materials were commonly used as insulation due to their heat resistance, durability, and fire-resistance properties.

Although asbestos was widely used in industrial applications, it is recognized as a human carcinogen and has been associated with serious diseases, including mesothelioma. In asbestos litigation, however, establishing that an individual worked around asbestos-containing materials does not by itself determine whether a specific workplace exposure contributed to an illness. The critical issue is often the reconstruction of the nature, duration, and likelihood of exposure decades after the work occurred.

In a recent toxic tort matter, a pipefitter alleged that his mesothelioma resulted from asbestos exposure while working during the construction of a refinery in the mid-1960s. Baker & O’Brien was retained to evaluate the alleged workplace exposure and to provide insight into the refinery construction activities that occurred during that period.

Our team reviewed deposition testimony and project records to identify the periods during which the individual was present at the refinery site. We then compared that information with engineering contractor craft-loading records to evaluate construction activities occurring during the same timeframe. Baker & O’Brien’s extensive experience with refinery construction projects enabled us to assess the sequencing of process unit construction, the roles of various craft personnel, and the activities involved in installing and handling insulation materials.

This analysis required more than identifying whether asbestos existed at the refinery. It required an understanding of how large-scale refinery construction projects are executed and whether the claimed work activities aligned with potential opportunities for asbestos exposure.

Although no written expert report was prepared, Baker & O’Brien’s refinery construction expert provided deposition testimony regarding the historical construction activities and exposure evaluation. The matter was resolved prior to trial.