5/7/2008 3:32 AM Print this article 

Charges dropped against doctor in autistic boy's death

Associated Press

PITTSBURGH - Prosecutors dropped charges against a doctor accused of causing the death of a 5-year-old autistic boy by incorrectly administering a controversial chemical treatment.

Dr. Roy Kerry has been accused of using the wrong drug and administering it incorrectly while trying to use chelation therapy on Abubakar Tariq Nadama in 2005.

The Butler 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 disciplinary action by the Department of State, which licenses physicians. Also, Nadama's parents have filed a civil suit against the doctor.

Chelation removes heavy metals from the body and is approved by the Food and Drug Administration for treating acute heavy metal poisoning. Some people believe autism is caused by heavy metal poisoning and that chelation represents a promising treatment for it. Centers for Disease Control and Prevention officials, however, say medical evidence does not support that belief, and the drug is not approved for that use.

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 - meaning the drugs are administered in one dose intravenously instead of over a period of time - despite warnings that it could be lethal.

Kerry's attorney, Al Lindsay, 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," Lindsay said.

Lindsay said the boy died of lack of oxygen to brain, which was caused by a heart problem not associated with the drug.

Jury selection was to begin Thursday in Kerry's trial, which was scheduled to start in two weeks.

Lindsay 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," Lindsay said. "But the truth of the matter is, we're obviously grateful that the district attorney took this position."

A message left for the district attorney was not immediately returned.

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 John 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.

Kerry practices out of his Advanced Integrative Medicine Centers in Greenville and Portersville.

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