Judge weighs whether Oxford Center CEO, workers should face trial

• 52-4 District Decide Maureen M. McGinnis stated she’s going to decide “quickly” on whether or not the felony circumstances towards the Oxford Heart CEO and three staff ought to go to trial.
• Oxford Heart CEO Tamela Peterson, together with security director Jeffrey Mosteller and operations supervisor Gary Marken, are charged with manslaughter and involuntary manslaughter.
• Aleta Harward Moffitt, who operated the hyperbaric chamber Thomas Cooper was utilizing when he died, is charged with involuntary manslaughter and deliberately putting false data in a medical file.
• Thomas Cooper was present process his thirty sixth remedy for ADHD and sleep apnea on Jan. 31, 2025, on the Oxford Heart in Troy, when police stated static electrical energy within the room triggered a “fireball.”

Attorneys delivered closing arguments Tuesday, Jan. 20, through the preliminary listening to within the felony case towards the Oxford Heart CEO and three staff concerned within the hyperbaric oxygen chamber hearth dying of 5-year-old Thomas Cooper, however 52-4 District Decide Maureen M. McGinnis was not able to decide on whether or not their case ought to go to trial.

“I want a while to course of every part I heard immediately and decide the way it will apply to my resolution,” stated McGinnis, who presided over eight days of testimony unfold over 5 months.

The Oxford Heart’s CEO, Tamela Peterson, 59, of Brighton, is charged with manslaughter and involuntary manslaughter, together with the Oxford Heart’s security director, Jeffrey Mosteller, 65, of Clinton Township, and its operations supervisor, Gary Marken, 66, of Spring Arbor.

Aleta Harward Moffitt, 61, of Rochester Hills, the hyperbaric technician who operated the chamber Thomas was utilizing when he died, is charged with involuntary manslaughter and deliberately putting false data in a medical file.

All 4 suspects have pleaded not responsible to the fees.

Thomas was present process his thirty sixth remedy for ADHD and sleep apnea on the Oxford Heart in Troy when police stated static electrical energy within the room triggered a “fireball.” Inside seconds, the Royal Oak boy was engulfed in flames as his mom watched, unable to get him out.

Plaintiffs allege that the middle’s leaders and the chamber operator didn’t observe security necessities set forth within the producer’s proprietor’s guide and failed to stick to the Nationwide Hearth Safety Affiliation’s security code, each of which require the usage of grounded wristbands to discharge static electrical energy and scale back the chance of fireside.

“It’s clear from the proof that the defendants have been conscious of the life-threatening dangers of putting Thomas Cooper in that room with out sporting a grounding strap, and that they clearly ignored these dangers,” stated Assistant Lawyer Normal Chris Kessel.

The Oxford Heart operated clinics in Troy and Brighton that used hyperbaric oxygen chambers for a spread of “off-label” well being situations that weren’t accepted by the U.S. Meals and Drug Administration.

Extra: The testimony concludes with hearings concerning the hyperbaric chamber dying of a boy

Extra: Former Oxford Heart worker testifies that boy’s hyperbaric chamber dying was preventable

Peterson’s lawyer, Thomas Cranmer, argued that her actions don’t meet the edge of a second-degree homicide cost, which, he stated, requires proving that she knowingly created a scenario wherein Thomas was at a really excessive threat of dying or nice bodily hurt.

“Completely ridiculous,” he stated.

“She wouldn’t have endangered her circle of relatives members, different members of the Oxford Heart, and herself if she had the information crucial for second-degree homicide. … For all these causes, this court docket mustn’t, and can’t, I respectfully inform the court docket, switch this case to the Circuit Court docket.”

Cranmer positioned the blame on Mosteller, the middle’s security director, to whom he stated Peterson delegated accountability for making certain the rooms have been operated safely each time they have been used, which is known as “diving.”

“Tammy Peterson has employed Jeffrey Mosteller as director of security on the Oxford Heart. Finish of story,” Cranmer stated. “Mr. Mosteller’s job was to make sure sufferers might dive safely.”

Alona Sharon, the lawyer representing Mosteller, stated that by the point her shopper began working for the Oxford Heart in 2019, Peterson had already carried out the coverage change to not use the grounded wristbands.

“By all accounts, the choice to cease utilizing the wristbands was made by Tammy Peterson at the very least two years earlier than Jeff Mosteller got here to the Oxford Heart,” Sharon stated.

“He expressed concern concerning the lack of wristbands as a result of he had historically used them. … However by the point he involves the Oxford Heart, Your Honor, the choice had already been made by these with extra energy and with extra decision-making authority. …So, what does Jeff do? He investigates and he investigates.’

Mosteller, witnesses have testified, carried out experiments to check whether or not an individual is grounded to the hyperbaric chamber mattresses with out the usage of a wrist strap.

“These checks gave him confidence {that a} affected person mendacity on the mattress was certainly underneath home arrest,” she stated. And with greater than 100,000 makes use of of the rooms on the Oxford Heart with out floor straps, she famous, there have been no fires.

“That is one of many primary the explanation why the prosecution cannot meet its burden,” she stated, to show that there was a excessive likelihood of fireside when there was just one hearth – the one which killed Thomas – in additional than 100,000 dives.

“The prosecutor, Your Honor, desires to color an image of the Oxford Heart as a spot the place security was merely pushed apart.” Nonetheless, Sharon stated, the proof would not assist that.

Todd Flood, the lawyer representing Gary Marken, argued that not one of the witnesses referred to as to testify introduced any proof that his shopper had something to do with the fireplace that killed Thomas.

“It could be groundbreaking in our state should you have been to commit my shopper,” Flood advised the choose. “There’s not one shred of proof, not one reality you possibly can depend on, not even tradition, not even coincidence” to show that Marken acted in a grossly negligent method with a deliberate disregard for the life or security of Thomas Cooper.

Ellen Ok. Michaels, the lawyer representing Moffitt, stated the testimony confirmed her shopper had been skilled by Mosteller and had not realized to make use of grounded wristbands.

“A tragedy has occurred,” Michaels stated. “A younger boy was murdered. Somebody needed to pay. … Inside a really brief time frame, 4 individuals have been charged. Aleta Moffitt, as everyone knows, was the hourly hyperbaric tech who was on shift that day and was working when Thomas got here in for that fateful dive. She adopted the coaching she was given.”

Extra prices towards Peterson in a separate case

Earlier Tuesday, Jan. 20, Peterson was indicted on 9 counts of well being care fraud in a separate case in Livingston County.

Lawyer Normal Dana Nessel alleges that Peterson made false claims in her work as CEO of the Oxford Heart, and billed for providers that weren’t offered on the Brighton and Troy places, the place sufferers have been handled for a variety of medical situations, together with habit, psychological problems and autism.

The Lawyer Normal’s investigation into these alleged practices started in September 2022 after complaints from former healthcare suppliers and sufferers.

Extra: Lady accused of treating youngsters with autism utilizing pretend IDs pleads responsible

“Submitting false claims not solely impacts sufferers and healthcare suppliers, but in addition contributes to the upper prices of healthcare and medical health insurance for everybody,” Nessel stated in a press launch. “Healthcare fraud undermines belief between sufferers and healthcare suppliers and sufferers’ views on confidentiality and care.”

Peterson was given a $10,000 private recognizance bond and can seem earlier than 53rd District Decide Shauna Murphy for a possible trigger convention on January 27 at 8 a.m.

If convicted, every of the fraudulent well being care practices prices is a misdemeanor punishable by a most penalty of 4 years in jail and/or a $50,000 high-quality.

Contact Kristen Shamus: kshamus@freepress.com. Subscribe to the Detroit Free Press.