Charges dropped against doctor over autistic boy's death

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Charges dropped against doctor over autistic boy's death

5/6/2008, 4:39 p.m. PDT

By DAN NEPHIN

The Associated Press

http://tinyurl.com/5bge4u

PITTSBURGH (AP) — Criminal charges were dropped Tuesday against a

doctor accused of causing the death of a 5-year-old autistic boy by

incorrectly administering the wrong drug for him.

Dr. Roy Kerry was trying to use chelation therapy on Abubakar Tariq

Nadama in 2005. Chelation is an approved treatment for acute heavy

metal poisoning and while some people believe it is a promising

treatment for autism, the Food and Drug Administration and Centers for

Disease Control and Prevention do not agree.

The County district attorney charged Kerry last year with

involuntary manslaughter, endangering the welfare of a child and

reckless endangerment, but recently moved to drop charges. A judge

granted the dismissal on Tuesday.

Kerry, 70, still faces a civil lawsuit by the boy's parents.

In a petition, prosecutor Fullerton asked that the charges be

dropped after reassessing the merits of the case and " given the

existence of additional and more germane judicial avenues for

addressing the conduct of Dr. Kerry. "

A message left for the prosecutor seeking comment was not returned

Tuesday.

Kerry had surrendered his license pending the outcome of the case, but

his license will be reinstated based on the withdrawal of the criminal

charges, a Department of State spokeswoman said.

The boy went into cardiac arrest in Kerry's office on Aug. 23, 2005,

immediately after receiving chelation therapy.

The CDC, which investigated the boy's death, has said the boy was

given a synthetic amino acid called Disodium EDTA instead of Calcium

Disodium EDTA. Both are odorless, colorless liquids and may have been

confused, the CDC found.

The Department of State also contended Kerry prescribed an IV push —

giving the drugs in one dose intravenously instead of over a period of

time — despite warnings that it could be lethal.

Kerry's attorney, Al , denied that the drug caused the boy's

death. He said Tuesday that the drug given was not the wrong drug, as

prosecutors contended, though he said it was not the " preferred " drug.

He also said it was not administered incorrectly.

" The administration by an IV push is the preferred method to do it, "

said.

said the boy died of a lack of oxygen to the brain, which was

caused by a heart problem not associated with the drug.

commended the district attorney's office for dropping the charges and

said his client was relieved.

" There was a lot of misinformation that was out there and we were

anxious to present it to a jury, " said. " But the truth of the

matter is, we're obviously grateful that the district attorney took

this position. "

The boy's parents, Mawra and Rufai Nadama, had moved from Plymouth,

England, to the Pittsburgh area to seek treatment for the boy's

autism. They have since returned to the United Kingdom.

Attorney Gismondi, who represents the family in the civil case,

said, " I don't agree with the decision and we're disappointed. But I

respect that the district attorney is the boss of the criminal case. "

He maintains Kerry acted improperly. " It was the wrong drug, given the

wrong way, " Gismondi said.