Tuesday, May 27, 2008

Charges dropped against U.S. doctor accused of killing autistic British boy by giving him wrong drug

Criminal charges have been dropped against a U.S. doctor accused of causing the death of a British five-year-old autistic boy by giving him the wrong drug.

Dr Roy Kerry was trying to use chelation therapy on Abubakar Tariq Nadama in 2005 after his parents moved to the U.S. to seek treatment for his autism.

Chelation therapy, approved in the U.S. for treatment for acute heavy metal poisoning, is regarded by some as a promising treatment for autism.

The U.S. drugs authority disagrees and Kerry was charged last year with involuntary manslaughter, endangering the welfare of a child and reckless endangerment

However, yesterday a judge in Pittsburgh, Philadelphia, allowed the district attorney of Butler County to drop charges.

Kerry, 70, still faces a civil lawsuit from Abubakar's parents, Mawra and Rufai Nadama, who have returned to Britain since their son's death.

In a petition, prosecutor William 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".

Kerry had surrendered his license during the case, but it will now be reinstated, a U.S. State Department spokeswoman said.

The boy went into cardiac arrest in Kerry's office on August 23, 2005, immediately after receiving chelation therapy.

The Centres for Disease Control and Prevention (CDC), which investigated Abubakar's death, has said he was given a synthetic amino acid called Disodium EDTA instead of Calcium Disodium EDTA. Both are odourless, 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 lawyer, Al Lindsay, denied the drug caused the boy's death.

He said yesterday 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.

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

"There was a lot of misinformation that was out there and we were anxious to present it to a jury," he said. "But the truth of the matter is, we're obviously grateful that the district attorney took this position."

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," Mr Gismondi said.

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