Expert doubts exposure claims
Doctor admits he didn't seek sample from Citgo tanks
By Fanny S. Chirinos (Contact)
Originally published 04:00 a.m., July 1, 2008
Updated 04:00 a.m., July 1, 2008
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An occupational health expert with knowledge of chemical exposure testified Monday that 13 alleged victims of Citgo's emissions weren't exposed to chemicals coming from two of the refiner's oil/water separator tanks. But he admitted under oath that he didn't know exactly what was in the tanks and never requested a report on the tanks' contents.
The doctor was the sole defense witness to take the stand in U.S. District Judge John Rainey's courtroom. The sentencing hearing continues at 9 a.m. today on the third floor in federal court.
Citgo and its parent company, Citgo Petroleum Corp., were convicted last year of operating two tanks at the refiner's East Plant without the required roofs. Citgo is the first refiner in U.S. history found guilty by a jury of violating federal regulations.
Jeffrey D. Britton, a Houston physician, said that although many of the victims shared the same symptoms, their medical records rarely showed that they shared concerns about Citgo Refining and Chemicals Co.'s East Plant. He added that many of the alleged victims were taking medications for symptoms such as coughing and high blood pressure, that might have reacted with one another.
"I believe that they smelled something bad, but don't rely on what they claim it is," Britton said. "I did not find scientific evidence that (the) symptoms were caused by the refinery."
Dick DeGuerin, the lead defense attorney, went through several alleged victims' medical records with Britton attempting to discredit chemical exposure as the cause of their symptoms. Although parenthetical references by some physicians showed they could not rule out environmental or refinery emissions exposure, Britton said they didn't diagnose the patients with such.
Britton also said some of the patients were long-time smokers or had been treated for bacterial infections.
Howard Stewart, the Justice Department's lead prosecutor, countered that lab work, such as a throat culture, was not performed and, therefore, the doctors would not have been able to diagnose them accurately.
"Just because (someone) smokes doesn't mean she hasn't been exposed, does it?" Stewart asked.
Britton answered no.
Stewart also sought to establish that Britton could not be certain the alleged victims weren't exposed to emissions coming off the tanks because he didn't know their chemical content. During cross examination, Britton said he hadn't received a sample report for tanks 116 and 117 and was asked if he had ever sought one.
"I did not," he answered.
Contact Fanny S. Chirinos at 886-3759 or chirinosf@caller.com
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