TROY, Mich (WXYZ) — The family of Thomas Cooper has filed a $100 million civil lawsuit against The Oxford Center, its employees and a hyperbaric chamber manufacturer on Monday in Oakland County Circuit Court.
Thomas, 5, died in January when the chamber he was in caught fire and exploded during his oxygen therapy session. His mother was burned severely.
Watch Darren Cunningham's video report below:
"The two photographs to my left are pictures of the inside of the chamber showing the significant fire damage that was done when the chamber ignited and began to burn Thomas," Fieger Law attorney James Harrington told news media.
“These things are designed and manufactured and sold and used for the sole purpose of profits, to get bodies in, bodies out and get the next body in and next body out and take the money," Harrington said of the chambers. "After Thomas, this happened again in the United States down in the southwest where somebody was also killed by one of these machines."
In the 28-page complaint, the victim's family claims The Oxford Center put profits over patient safety. Allegations include negligent hiring, negligent training and a lack of supervision.
Harrington said there were no verbal warnings nor posted signage stating such a risk could occur.
"They were designed and manufactured without fire suppression. They were designed and manufactured without any type of deluge system — which is a water system that can help distinguish a fire. There were no automatic fire detections system. There was no effective emergency extraction, which would have been helpful because you know Thomas' mother was severely burned while Thomas was burning alive... trying to get him out," he explained.
Previous coverage: Expert calls out The Oxford Center, alleges facility bucked industry standards
Defendants named in the lawsuit include The Oxford Center CEO Tamela Peterson, primary manager Gary Marken, safety manager Jeff Mosteller and chamber operator Aleta Moffitt. They've all been charged criminally.
Other defendants include the company that manufactured the hyperbaric chamber, Sechrist Industries out of California, and the property owner where The Oxford Center is located in Troy.
Previous coverage: Ex-employee reveals safety concerns at hearing for deadly hyperbaric chamber explosion
7 News Detroit reached out to representation for each person and entity. Moffitt's attorney said no comment.
The only other person I heard back from was attorney Todd Flood, who represents Gary Marken.
In a statement to 7 News Detroit, Flood said:
"This is a horrific loss, and the Coopers should not have to endure this pain. My client and his family pray daily for Thomas and the Cooper family. If the Marken family could, they would reach out to the Cooper family to give nothing more than love and support, unfortunately it is not allowed.
"This was a tragic accident that my client had nothing to do with."
The preliminary hearing in the criminal case is scheduled to resume in early December.
