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Michigan boy's death raises concerns about unregulated hyperbaric oxygen therapy

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Michigan boy's death raises concerns about unregulated hyperbaric oxygen therapy


The death of a 5-year-old in a hyperbaric chamber in Michigan has prompted calls for more oversight of hyperbaric oxygen therapy in the largely unsupervised wellness industry before another tragedy occurs.

Thomas Cooper was killed Jan. 31 when a fire broke out in a hyperbaric chamber at the Oxford Center, an alternative medicine clinic in the Detroit suburb of Troy. On Monday, the Oxford Center founder and CEO and three of her employees were charged in Thomas’ death.

Thomas Cooper, 5, of Royal Oak, Mich.
Courtesy family of Thomas Cooper

Hyperbaric chambers are pressurized, tubelike devices that people lie or sit in for treatment, depending on the type of chamber. The therapy involves breathing in air that consists of 100% oxygen, which helps the body heal more quickly but also creates a highly combustible environment. The treatment method has been cleared by the Food and Drug Administration to help over a dozen conditions including carbon monoxide poisoning, severe wounds and decompression sickness in scuba divers.

The Oxford Center’s website lists over 100 conditions it says it treats, including many that the FDA has not approved for hyperbaric oxygen therapy, such as cancer, dyslexia, Alzheimer’s, Lyme disease and autism — though it is not illegal to use hyperbaric chambers for these purposes. In a statement to NBC News, an attorney for the Oxford Center said the center was “disappointed” by the charges filed against four staff members.

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“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,” Sam Vitale said via email about Thomas’ death.

Thomas was receiving hyperbaric oxygen therapy for sleep apnea and attention-deficit/hyperactivity disorder, according to his family’s attorney, which are not among the conditions approved by the FDA for such treatment. Michigan Attorney General Dana Nessel said the boy died within seconds after a single spark started a fire in the hyperbaric chamber he was in. Officials have not said yet what the cause of the fire was.

In a news conference Tuesday, Nessel accused Oxford Center staff of holding “safety among their lowest considerations” but said officials had no way of knowing about the danger until it was too late, and cannot proactively investigate other facilities.

“Michigan law doesn’t require any oversight over the use of hyperbaric chambers, so without having some sort of probable cause to believe that there are crimes being committed involving hyperbaric chambers in other places in the state, we wouldn’t have the authority to go in and perform an inspection,” Nessel said.

The Oxford Center was subject to inspections every few years by the Troy Fire Department, said Michael Koehler, the fire department’s deputy chief. He said the center applied for a permit when it opened, indicating it would be using hyperbaric chambers, and was last inspected in March 2023.

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“But our inspections are fire- and life-safety focused,” Koehler said in a phone interview Friday. “There’s nothing that covers the operation or the maintenance of the chambers themselves.”

While hospitals that use hyperbaric chambers abide by codes developed by the National Fire Protection Association, a standards development organization, Michigan is not unique in lacking a regulatory framework for hyperbaric oxygen therapy outside of traditional health care facilities, said John Peters, executive director of the Undersea & Hyperbaric Medical Society, a nonprofit organization that accredits hospitals and freestanding facilities with hyperbaric chambers in the absence of government regulation.

At the moment, nearly 150 facilities across the country are accredited by the group, with two in Michigan.

The accreditation process involves on-site inspections and verification that equipment is maintained and specialists are properly trained, and costs about $10,000 for an accreditation that lasts for three to four years, Peters said.

He estimated that thousands of spas, wellness companies and other storefronts are operating hyperbaric chambers in the U.S. without having undergone accreditation, and he said he fears many may not be upholding stringent standards.

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Two Democratic legislators in Michigan, state Sen. Stephanie Chang and state Rep. Sharon MacDonell, are working together to explore regulatory options after Thomas’ death.

Chang said she was alarmed by what appeared to be a myriad of problems that led to the fire, based on what the Michigan attorney general outlined, including allegedly not having a properly trained technician operating the hyperbaric chamber.

“Let’s fix all of those loopholes,” Chang said. She said she and MacDonell are aiming to introduce legislation in the spring.

MacDonell said it was important not just to make hyperbaric chambers safer but also to stop businesses from making unproven claims about what the therapy can do.

“People are taking advantage of parents with children with hard-to-treat conditions, and just kind of monetizing the desperation of the parents,” she said. “It’s just incomprehensible.”

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Thomas’ death comes as the use of hyperbaric oxygen therapy has proliferated, gaining steam in recent years thanks to celebrities who have touted it for everything from anti-aging to boosting their mental health. The FDA has warned that some claims about what hyperbaric chambers can do are “unproven” and encourages patients to only go to accredited facilities.

Hyperbaric chamber fires are rare, but not unprecedented. In 2009, a 4-year-old and his grandmother died after a blaze at an unaccredited Florida clinic where the boy was receiving treatment for cerebral palsy. Two staff members were charged in their deaths, one of whom was a doctor who lost his medical license.

The 2009 case did not prompt national safety regulations, Peters said. He is hopeful that Thomas’ death will.

“We desperately need mandatory accreditation,” he said. “We’re hoping that this will turn the page.”

While there are guidelines for how to safely construct and operate hyperbaric chambers, there is no consistent federal, state or local oversight of the practice outside of hospitals. The FDA said in an email last month that it regulates certain hyperbaric chambers that meet the agency’s definition of Class II medical devices, which are “intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease.” But it does not regulate the practice of medicine and referred NBC News to the Centers for Medicare & Medicaid Services, The Joint Commission and state medical licensing agencies for more information.

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The Centers for Medicare & Medicaid Services requires Medicare and Medicaid providers to comply with parts of the National Fire Protection Association code, but that does not apply to other facilities, which must still adhere to local building and fire codes, said Brian O’Connor, a senior engineer at the National Fire Protection Association.

The Joint Commission, a nonprofit organization that accredits over 24,000 health care programs around the world, said in an email that it has emergency procedures and training drills for hospitals that have hyperbaric chambers but does not accredit places such as the Oxford Center.

Meanwhile, Michigan’s health department, its occupational safety agency and the Department of Licensing and Regulatory Affairs all said they do not have oversight of hyperbaric chambers. The licensing agency said facilities using hyperbaric chambers are not required to be licensed, which Peters said was shocking.

“Why?” he said. “Even a hairstylist has to have a license, and she’s not going to blow up her whole salon.”




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Gotion wants Michigan township to pay the $23.7M it owes in incentives

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Gotion wants Michigan township to pay the .7M it owes in incentives


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Gotion Inc. has asked a federal judge to order the Michigan township where it was supposed to call home to repay the roughly $23.7 million it owes the state in taxpayer-funded incentives.

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Green Township’s actions opposing Gotion’s planned battery parts plant made it all but impossible to move forward, the company argued, leaving Gotion in default under its agreement with the state and on the hook for the $23.7 million in taxpayer-funded incentives it received for land purchases and improvements.

“Now that it is clear the project cannot move forward in the face of this continued opposition and the state of Michigan’s withdrawal of support, Gotion seeks to add these constitutional claims and request damages as a result of the township’s breach of the development agreement and violation of Gotion’s constitutional rights,” a May 29 court filing in the case said.

Last week’s filing seeks to amend an earlier lawsuit Gotion filed against Green Township over zoning changes that made its development all but impossible to proceed.

In February, the Sixth Circuit Court of Appeals blocked Gotion’s lawsuit, arguing that it was moot because the state had already found the project in default and had demanded back roughly $23.7 million that had been given to the subsidiary of a Chinese company to purchase and prepare land in Green Township. In light of that ruling, Gotion is seeking to amend its lawsuit to seek additional damages.

“…the Sixth Circuit implied that given the facts of the dispute at this point, the correct form of damages for Gotion’s breach of contract claim against the township is likely monetary damages and no longer injunctive relief,” Gotion said in the May 29 filing.

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The amended filing includes demands for damages arising from the “millions” Gotion paid or spent in reliance on the project moving forward, lost profits the company would have made if the manufacturing facility were built, attorney fees and an amount “not less than $23,670,873.56 for funds advanced towards land and development costs related to the project that the state of Michigan is now claiming should be repaid.”

Attorney General Dana Nessel’s office, which is seeking to recoup the $23.7 million on behalf of the Michigan Strategic Fund, said it was aware of Gotion’s May 29 filing against Green Township and is “monitoring the situation.” The office declined further comment, citing attorney-client privilege.

Gotion first sued Green Township in March 2024 after the board — all of whom had been replaced in November 2023 with members concerned about the Gotion project — rescinded two resolutions needed for the project to move forward. Gotion sued in federal court for breach of contract, and a U.S. district court judge issued a preliminary ruling in Gotion’s favor.

But the Sixth Circuit later blocked the case after Gov. Gretchen Whitmer’s administration, last fall, found Gotion to be in default of its grant agreement.

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The state’s finding of default was in part due to the Green Township lawsuit. The company’s agreement with the state prohibits involvement in a suit that “would reasonably be expected to have a material adverse effect on the project or the grantee’s performance of its obligations under this agreement.”

The state also maintained Gotion’s “cessation of eligible activities” for a period of 120 days constituted an “abandonment” in violation of the grant agreement.

The Michigan Strategic Fund said it would seek to recoup the $23.7 million used to purchase and prepare land for Gotion in Green Township.

The Gotion project in Green Township was fraught with controversy shortly after its announcement. The company had planned to locate a battery parts plant in the Big Rapids area, creating up to 2,350 jobs and receiving about $175 million in taxpayer-funded incentives for the project.

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Local opponents pushed back on the project because of the secretive nature with which it was negotiated, the unknown environmental effects of the project and Gotion’s parent company in China. Those concerns were amplified by Republican candidates in 2024, including both Vice President JD Vance and President Donald Trump.

The legal maneuverings with Gotion have already come at a cost to the township.

For the past three years, the state Treasury Department has flagged Green Township in Mecosta County because its expenditures have exceeded the amount of money authorized in its annual budget. In a corrective action plan submitted to Treasury last month, the township said its deficits were “primarily due to the legal fees.”

eleblanc@detroitnews.com



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Residents in Taylor, Michigan, fight against possible rezoning

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Residents in Taylor, Michigan, fight against possible rezoning


A group of residents on Holland Road in Taylor, Michigan, say they are now doing everything they can to keep their neighborhood the way it is after some of them received a letter saying the city is considering rezoning their neighborhood. 

“People across the street from me could have warehouse front property instead of woods and nice residential homes,” said Matthew Streicher.

Streicher, whose family has owned property on Holland Road for more than 100 years, says that has been his concern after he received a letter from the city about a proposed rezoning from residential to light industrial directly behind his home near Wick and Holland roads. 

“So that’s when I also decided to start knocking on doors around here and saying this is what is going on, we need to speak out and have a voice as to what happens in our backyards, literally,” said Streicher.

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Streicher told CBS News Detroit that three of his neighbors received that letter, informing residents that there’s a possibility of a new cold storage warehouse development if this land is rezoned.

“Nothing that belongs in a neighborhood,” said Tim Adkins.

“Heartbreaking, heartbreaking, you know,” said Denise Haggadone.

Many who live on Holland Road say this possibility is even more disturbing because of how long everyone has lived on this quaint road. And these same homeowners say that an industrial facility would only bring in more traffic and take away natural green space, most likely hurting their property value as well.

“It’s nice to see the wildlife, you know, there’s so few places left,” said Adkins.

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On Tuesday, CBS News Detroit spoke off-camera with City Council Chairman Charley Johnson, who also lives on Holland Road. Johnson says he understands all of his neighbors’ concerns and agrees with them. 

He says the company proposing this rezoning has every right to do so, and that the planning commission will vote on it Wednesday evening. 

“It’s sad, I raised my kid here, and he’s planning on having this home after I pass or retire or what have you,” Haggadone said,  

The residents hope to see a big turnout at Wednesday’s planning commission meeting at 7 p.m. on Wednesday, June 3, at Taylor City Hall. 

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Sterling Heights to consider opposing Michigan House tax policy bills

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Sterling Heights to consider opposing Michigan House tax policy bills


The Sterling Heights City Council is set to consider a resolution Tuesday evening opposing tax policy bills in Lansing that one councilmember contends put every municipality “at risk.”

The Michigan House voted in May to pass several bills that would slash property taxes across the state, but skipped a vote on a bill needed to replace some of the more than $5 billion in lost tax revenue.

At its Tuesday evening meeting, Sterling Heights City Council is slated to consider the adoption of a resolution opposing Michigan House Bills 5872 through 5879 due to “their potential negative impact on local government revenue, financial planning, and administrative operations,” a city document said. Sterling Heights City Manager Mark Vanderpool said the city would lose about $5 million in annual revenue from the bills. He said there’s no “guaranteed replacement” for the lost revenue, and the city would need to cut services, he said.

“So we’re deeply concerned about that,” he said.

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The House’s sweeping tax cuts can’t be implemented without the passage of a separate bill levying a loosely defined 6% sales tax on services that has yet to be revealed. Republicans who control the House did not hold a vote on the sales tax hike bill, which remains in committee.

All combined, the four property tax cuts passed by the House are estimated to result in a tax revenue loss that could progress from $5.5 billion to $7.5 billion a year, according to a series of nonpartisan House Fiscal Agency analyses. 

Vanderpool, the Sterling Heights city manager, said he wants the state Legislature to work “hand in hand” with cities, townships and villages to come up with a solution for “guaranteed revenue replacement.”

“We are more than willing ― I think our reputation precedes us ― to work with our state legislators hand in hand to come up with viable solutions that … may reform property taxes without harming communities across the state,” he said.

Sterling Heights Councilwoman Barbara Ziarko said the legislation reduces the city’s revenue without a guarantee of what it will be replaced with. She said that in the future, the legislation could prevent the city from maintaining positions that it has promised residents it would maintain, including public safety roles.

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“When they put the burden on our local government, they’re actually putting it on the residents of whatever community it is,” she said.

State Rep. Steve Frisbie, a Calhoun County Republican, previously said that Michigan residents need to see tax relief immediately. He noted a ballot proposal collecting signatures last year would have eliminated all property taxes in the state. That citizens’ initiative, known as AxMiTax, fizzled out and won’t be on the ballot this fall.

“They realized that our property taxes are too high and they demand that we take action now,” Frisbie said.

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The cuts passed by the House in May would eliminate the 6-mill State Education Tax and eliminate the 0.75% real estate transfer tax assessed on the sale price of real estate.

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House Republicans also signed off on eliminating the personal property tax. That bill, largely intended to benefit utility companies, is tied to separate legislation that requires utilities such as Consumers Energy and DTE Energy to pass on personal property tax savings by cutting electric and gas rates for their residential customers. It also requires utilities to freeze rates for two years.

Jennifer Varney, Sterling Heights’ finance and budget director, said the elimination of the personal property tax would result in a $4.3 million annual revenue loss for the city. She said the personal property tax refers to the taxes that businesses pay on their assets, such as their machines and vehicles.

Another tax on the chopping block is the so-called “pop-up tax,” an increase in a property tax bill that occurs when a house transfers from one owner to the next in Michigan, uncapping a constitutional limit on the property tax increase on a home’s taxable value.

Under the state Constitution, a property’s taxable value cannot increase by more than the rate of inflation or 5% each year. But when a property is sold, that cap lifts and is reset at a new, often higher taxable value, resulting in a “pop-up” in property taxes.

Varney said the “pop-up” is the only way cities “recapture” the true value of a home. Michigan also has the Headlee Amendment, a state law that requires local governments to roll back millage rates if taxable property values rise faster than the rate of inflation.

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“If you take away the pop-up … and you keep the rollback of the millage, you’re basically limiting any kind of growth in taxable base for municipalities,” she said.

Staff Writer Beth LeBlanc contributed.

asnabes@detroitnews.com



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