The owner and three employees of a Michigan medical center have been charged in the death of a 5-year-old boy who was killed earlier this year inside an oxygen-rich hyperbaric chamber that exploded while he was receiving medical treatment, the authorities said on Tuesday.
The boy, Thomas Cooper, of Royal Oak, Mich., was receiving treatment for attention deficit hyperactivity disorder and sleep apnea on the morning of Jan. 31 at the Oxford Center in Troy, Mich., when a fire started inside the chamber, causing it to explode. The boy was found dead afterward, and his mother, who was standing near the chamber, was injured, according to the authorities.
Attorney General Dana Nessel announced on Tuesday that three people had been charged with second-degree murder and involuntary manslaughter in connection with the death: the Oxford Center’s owner, Tamela Peterson, 58, of Brighton, Mich.; the safety manager at the facility, Jeffrey Mosteller, 64, of Clinton Township, Mich.; and the primary management assistant, Gary Marken, 65, of Spring Arbor, Mich.
The hyperbaric chamber’s operator, Aleta Moffitt, 60, of Rochester Hills, Mich., was charged with involuntary manslaughter and intentionally placing false information into medical records.
Ms. Nessel said at a news conference that an investigation by the Troy Police Department had found that the Oxford Center and its decision makers had “held safety among their lowest considerations” when it came to using the hyperbaric chamber.
“To make money as a business, the Oxford Center operated these machines and offered unfounded treatments to patients when medical science contradicted these uses of their services,” Ms. Nessel said. She added that the center misused the machines “on children’s bodies over and over again to provide unaccredited and debunked so-called treatments chiefly because it brought cash into the door.”
Thomas Cranmer, a lawyer representing Ms. Peterson, said in an emailed statement on Tuesday that the explosion was an “unfortunate accident.”
“This is not a murder case as the prosecution has alleged,” Mr. Cranmer said. “We look forward to having all of the facts of this tragedy produced in a court of law.”
Lawyers representing Mr. Marken and Ms. Moffitt could not be immediately reached on Tuesday. It was not clear if Mr. Mosteller had legal representation based on court records.
James Harrington, a lawyer who represents the Cooper family, said that the family intended to sue the medical center.
“They want to know what happened to their little boy,” Mr. Harrington said. “They also want to make sure that nothing like this ever happens again.”
Second-degree murder carries a maximum possible sentence of life in prison in Michigan; involuntary manslaughter can bring up to 15 years in prison.
Hyperbaric chambers are high pressure tubes in which patients breathe 100 percent oxygen. More oxygen can help in the healing process or with fighting infections, but too much can cause harm, according to the U.S. Food and Drug Administration. The air we breathe is 21 percent oxygen.
The center used hyperbaric oxygen therapy for children with various health conditions, including autism, A.D.H.D. and autoimmune diseases, according to its website. None of these conditions are on the F.D.A.-approved list of conditions cleared to be treated with hyperbaric chambers.
Ms. Nessel listed several required safety standards that she said were disregarded when Thomas Cooper was being treated at The Oxford Center. She accused the center of not performing a daily maintenance check or doing a safety check with the patient before his treatment. Ms. Nessel also said that no medical doctor or safety supervisor were on the premises at the time, and that the treatment was not performed by a licensed technician, among other issues.
On the day of the explosion, the Troy Fire Department said in a social media post that the hyperbaric chamber has 100 percent oxygen so it is considered “extremely combustible.” The cause of the fire has not been determined.
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