Hyperbaric chamber explosion: Nessel charges Oxford Center CEO, three others in boy's death

Four charged in deadly Hyperbaric Chamber Explosion

Three people are facing second-degree murder charges in 5-year-old Thomas Cooper's death, and a fourth employee was charged with involuntary manslaughter, Michigan Attorney General Dana Nessel announced Tuesday.

FOX 2 - Four Oxford Center workers have been charged in the fatal hyperbolic chamber explosion that killed a boy on Jan. 31.

The explosion killed 5-year-old Thomas Cooper who was inside of it at the time, with his mom at his side. She was seriously injured from the blast.

Those charged with second-degree murder are Tamela Peterson, the CEO and owner of the center, Gary Marken, her management assistant and Jeffrey Mosteller, the center's safety manager. They are also charged with alternative counts of involuntary manslaughter - allowing the jury to decide which charge fits the case.

"We intend to demonstrate in court a series of actions undertaken by these defendants that satisfy these charges and tragically led to this child's death," she said. "Should a jury decide the state failed to meet this standard, they will have it at their disposal - the alternative charge of manslaughter."

A fourth Oxford Center worker, Aleta Moffitt, has been charged with embezzlement, involuntary manslaughter and one count of intentionally placing false information on a medical record as a medical provider. Moffitt was the operator of the hyperbaric chamber at the time.

"The investigation into this tragedy has revealed how the Oxford Center in Troy and several of its key decision makers held safety among their lowest considerations in their hyperbaric treatment practice," Nessel said.

Experts on hyperbaric chamber treatments were consulted for the investigation, and Nessel said "horrifying and simple conclusions were reached."

Nessel said the Oxford Center routinely operated sensitive and lethal, dangerous hyperbaric chambers beyond their expected service lifetime and in complete disregard of vital safety measures and practices considered essential by medical and technical professionals.

Nessel also mentioned:

There was no medical doctor or safety supervisor on the premises at the time of the treatment.
The treatment was not performed by a licensed technician.
Yearly inspections of the hyperbaric chamber, as suggested by the manufacturer, were not conducted.
The grounding strap used to protect against static electricity was not used on the patient.

Grounding straps reduce the risk of static electricity which can build up over time in a pressurized environment from the chamber.

"A single spark, it appears, ignited into a fully involved fire which claimed Thomas' life within seconds," Nessel said. "Fires inside a hyperbaric chamber are considered external events. Every such fire is almost certainly fatal, and this is why many procedures and essential safety practices have been developed to keep a fire from ever occurring."

The backstory:

FOX 2 learned last month that the family paid $8,000 for 40 oxygen therapy sessions for the little boy and they were told that it would help his ADHD and sleep apnea. There is also no proven science backing oxygen therapy for the conditions listed on the Oxford Center's site, so insurance doesn't cover the treatment.

Nessel said the Oxford Center was using the chamber as an medical remedy for unfounded medical treatments.

Related:

"This was an unscrupulous business operating powerful machines beyond their manufacturer's intended term of use on children's bodies over and over again to provide unaccredited and debunked so-called treatments," she said. "Because these treatments were so medically unsound, patient insurance policies would not cover the use of these chambers to treat these conditions. So this business was a pure cash-flow, for-profit business."

A second Oxford Center in Brighton is also under investigation, said Criminal Bureau Chief Danielle Hagaman-Clark.

"It is under investigation as it relates to the falsification of medical records," she said. "In order to preserve the integrity of the investigation as well as this case, that information will come out at the preliminary investigation."

FOX 2 reached out to the attorney for the Oxford Center for comment on the charges, who said they had been cooperating fully and were disappointed in the charges filed.

"The timing of these charges is surprising, as the typical protocol after a fire-related accident has not yet been completed. There are still outstanding questions about how this occurred. Yet, the Attorney General’s office proceeded to pursue charges without those answers. Our highest priority every day is the safety and well-being of the children and families we serve, which continues during this process," the statement read in part.