4 charged in death of 5-year-old boy 'incinerated' in hyperbaric chamber explosion

A hyperbaric chamber at the Oxford Center in Brighton, Mich., is shown Feb. 8, 2024. (David Guralnick/Detroit News via AP, file)

TROY, Mich. — Four people have been charged in the death of a 5-year-old boy who was “incinerated” inside a pressurized oxygen chamber that exploded at a suburban Detroit medical facility, Michigan’s attorney general said Tuesday.

Thomas Cooper from Royal Oak, Michigan, was pronounced dead at the scene Jan. 31 at the Oxford Center in Troy. His mother suffered burn wounds while trying to save her boy.

“A single spark it appears ignited into a fully involved fire that claimed Thomas’s life within seconds,” Attorney General Dana Nessel said, adding many safeguards have been developed since “every such fire is almost certainly fatal.”

The centre’s founder and chief executive, Tamela Peterson, 58, is charged with second-degree murder. Facility manager Gary Marken, 65, and safety manager Gary Mosteller, 64, are charged with second-degree murder and involuntary manslaughter. The operator of the chamber when it exploded, Aleta Moffitt, 60, is charged with involuntary manslaughter and intentionally placing false medical information on a medical records chart.

Each was arrested Monday. Handcuffed at their waists, they entered not guilty pleas Tuesday before Troy District Court Magistrate Elizabeth Chiappelli.

Assistant Attorney General Chris Kessel said during Peterson’s arraignment that there was concern Peterson could flee and that she has access “to a considerable sum of money.”

Peterson’s lawyer Gerald Gleeson II had asked for a reasonable bond.

Chiappelli set bond at $2 million for Peterson, $250,000 each for Marken and Mosteller, and $100,000 for Moffitt.

NBC News reported the family’s attorney said the boy received multiple sessions for sleep apnea and attention-deficit/hyperactivity disorder. These conditions aren’t among those approved by the U.S. Food and Drug Administration for marketing of hyperbaric oxygen therapy treatment — a fact reiterated by Nessel, who described the boy’s treatment as “unsupported by medical science.”

“Because these treatments were so medically unsound, patient insurance policies would not cover the use of these chambers to treat these conditions,” Nessel said. “This business was a pure cash-flow, for-profit business.”

Mosteller requested a court-appointed lawyer at arraignment. Gleeson declined to comment.

Both Marken’s attorney, Raymond Cassar, and Moffitt’s lawyer Ellen Michaels, said they were surprised by the high bonds set.

“The charge was second-degree murder but this is not the type of murder case that would require this type of bond,” Cassar later told reporters.

Earlier, Cassar told The Associated Press the second-degree murder charge against Marken came as “a total shock.”

“For fairness, he is presumed innocent,” Cassar said. “This was a tragic accident and our thoughts and our prayers go out to the family of this little boy. I want to remind everyone that this was an accident, not an intentional act.”

Michaels also extended prayers and sympathy to the boy’s family, while asking for “patience and fairness as this process unfolds.”

“This event has had a profound impact on so many, including my client, the community, and the first responders,” Michaels said in a statement. “I pray for healing for all those affected. Aleta Moffitt is a dedicated professional with many years of experience in the healthcare industry. She has always been a committed and hardworking individual, adhering to all corporate policies and procedures while prioritizing the well-being of her patients.”

The AP also sought comments Tuesday from attorneys for the Oxford Center and emailed the family’s lawyers for comment.

The Oxford Center said shortly after the explosion that “the safety and wellbeing of the children we serve is our highest priority.”

“Nothing like this has happened in our more than 15 years of providing this type of therapy. We do not know why or how this happened and will participate in all of the investigations that now need to take place,” its statement said.

Hyperbaric therapy delivers pure oxygen to a person’s body at about five times the amount of oxygen in a normal room. The FDA has cleared it to be marketed as safe and effective for 13 listed disorders including severe burns, decompression sickness and non-healing wounds. The list doesn’t include many additional disorders advertised by the Oxford Center.

Nessel suggested the boy’s death could have been avoided if safety measures had been followed. She said a maintenance check had not been performed that day, no medical doctor was on-site and the treatment was not performed by a licensed technician.

Experts consulted by investigators reached “horrifying” conclusions, Nessel said: “The Oxford Center routinely operated sensitive and lethally dangerous hyperbaric chambers beyond their expected service lifetime and in complete disregard of vital safety measures.”

The FDA recommends only using hyperbaric centre inspected and accredited by the Undersea and Hyperbaric Medical Society. The Oxford Center doesn’t appear on the society’s February 2025 list of accredited facilities.

Corey Williams, The Associated Press