The lawsuit brings two allegations against Houston-based energy technology company Baker Hughes: that Theresia Breen was exposed to hydrogen sulfide while inspecting chemical storage frac tanks, and that the company retaliated after she filed a workers compensation claim. Breen, a former business development manager from Wyoming, says the exposure caused heart and lung damage that still requires medical follow-up two years later.
Breen filed the suit in Harris County, according to court records cited by the Houston Chronicle, which first reported the case. She joined Baker Hughes as a business development manager in October 2024. The lawsuit says that during a training tour at a Baker Hughes facility in Wyoming, a high-level employee directed her to put her head into several frac tanks. The tanks store chemicals used in fracking operations, including fuels and wastewater; Breen was allegedly expected to look at their contents and structure from inside the openings.
Gas Exposure Without Protective Gear
The lawsuit alleges Breen received no protective equipment before leaning into a tank and inhaled hydrogen sulfide. OSHA lists nausea, breathing problems, loss of consciousness and cardiovascular effects among possible consequences of hydrogen sulfide inhalation. Under federal standard 29 CFR 1910.146, confined-space entry begins when any part of a worker’s body breaks the plane of an opening, meaning that putting one’s head into a tank meets that threshold and should trigger safety protocols, according to EHS Insight.
For general industry, federal rules set a hydrogen sulfide ceiling of 20 parts per million and allow a maximum peak of 50 ppm for no more than 10 minutes per shift, under OSHA standard 29 CFR 1910.1000 Table Z-2, as detailed by Paqell. The National Institute for Occupational Safety and Health classifies concentrations of 100 ppm or more as Immediately Dangerous to Life or Health, where a worker’s ability to escape without assistance is severely impaired. A joint OSHA and NIOSH hazard alert warns that opening hatches or inspecting oilfield tanks can release concentrated toxic vapor and that olfactory fatigue can quickly undermine the ability to smell rising gas levels.
According to the lawsuit, Breen became dizzy after leaning into the tank and went to an emergency room, where she was later diagnosed with pericarditis and acute bronchospasm due to chemical inhalation. The American Heart Association describes pericarditis as inflammation of the sac surrounding and protecting the heart; the Cleveland Clinic explains that bronchospasm occurs when muscles around the bronchi tighten, limiting oxygen intake. Clinical standards reviewed by the National Institutes of Health note that both conditions can be triggered by toxic irritant gas. Breen says she still needs follow-up care from doctors two years after the incident.
Retaliation Claims Follow Workers Comp Filing
The lawsuit also alleges retaliation following Breen’s workers compensation filing. She says she was left out of meetings and lost benefits that colleagues kept, including access to a company car. The complaint further alleges that the high-level employee who directed her to lean into the tanks knew the action could endanger her health.
Breen alleges Baker Hughes violated the Texas Labor Code provision barring retaliation or discrimination against employees who file workers compensation claims. Under Texas Labor Code Section 451.001, employers may not discharge, demote or otherwise discriminate against a worker who files a claim in good faith or hires legal counsel for one, according to FindLaw. Texas is an at-will employment state, but Chapter 451 provides a statutory exception to protect injured workers pursuing benefits, per Carabin Shaw.
An employee who proves a retaliation claim under Section 451.002 may recover monetary damages and, if terminated, reinstatement to their former position, according to Justia Law. Breen says the alleged retaliation has cost her lost wages, back pay and benefits.
What the available records establish
The OSHA material cited here does not provide a count of citations involving oilfield tank sites. It reports broader fatality context: according to OSHA, citing Bureau of Labor Statistics data, hydrogen sulfide caused 46 worker deaths in the United States between 2011 and 2017. That figure does not establish what happened in Breen’s case.
On the retaliation claim, the verified text of Texas Labor Code Chapter 451 addresses the burden of proof: the Texas Legislature states that the employee bears it in a proceeding under the chapter. That provision alone does not detail how Texas appellate courts have interpreted the claim’s elements or available remedies.
Company Response and Corporate Scale
Baker Hughes told the Houston Chronicle it does not comment on pending litigation. Cara Vasquez, representing Breen, said she looked forward to the case proceeding in court and reaching a resolution for her client, the newspaper reported.
Baker Hughes is a Houston-based energy technology and oilfield services firm operating in more than 120 countries, employing roughly 54,000 to 56,000 workers globally and generating between $27.7 billion and $27.8 billion in revenue for fiscal year 2025, according to Forbes. The company has drawn scrutiny on other fronts this year, including 147 job cuts on Emmott Road at a Houston manufacturing facility reported in July.
