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Charges Dropped Against Doctor Over Autistic Boy's Death

Posted by: " Holly Bortfeld " maximom@... maximom

Thu May 8, 2008 7:53 pm (PDT)

Charges Dropped Against Doctor Over Autistic Boy's Death

By Dan Nephin for The Associated Press 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.