22 Stone Former Policeman Loses Battle For Stomach Op Surgery

Fat

First Posted: 27/07/11 12:44 BST Updated: 26/09/11 11:12 BST   PA

PRESS ASSOCIATION -- A 22-stone ex-policeman has lost his Court of Appeal battle to force a health authority to fund obesity surgery.

Grandfather Tom Condliff, of Talke, Staffordshire, who is aged 62 and stands 6ft 2in, says he needs stomach surgery to save his life.

The North Staffordshire Primary Care Trust (PCT) rejected his application for funding for a laparoscopic gastric bypass operation.

In April, the High Court refused to quash the PCT's decision not to provide the surgery.

Mr Condliff's lawyers had argued the PCT had applied a funding policy which was legally flawed and breached his human rights.

Three appeal judges - Lord Justice Maurice Kay, Lady Justice Hallett and Lord Justice Toulson - expressed "considerable sympathy" for Mr Condliff's "desperate" situation, but have ruled the funding policy did not breach human rights laws.

Richard Clayton QC, for Mr Condliff, said his health was deteriorating and doctors feared he could have less than a year to live. The court was told that Mr Condliff was morbidly obese and suffered from diabetes and a number of associated illnesses.

Mr Condliff had developed a "gross appetite" and started to "gorge himself" following a course of insulin. His weight had increased and his health problems multiplied.

Mr Clayton argued that the PCT had adopted a funding policy which breached Mr Condliff's right under Article 8 of the European Convention on Human Rights to respect for his private and family life.

David Lock QC, for the PCT, said the case concerned difficult decisions about healthcare funding priorities - and health authority bosses were entitled to make such decisions without taking into account non-clinical and social factors.

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09:08 PM on 07/27/2011
I see the long arm of the law is excellent at finding the local Greggs. Being forced to diet is the cheaper option for everyone involved.
12:52 PM on 07/27/2011
He does not need surgery, he just needs to control what he eats.
01:29 PM on 07/27/2011
I'd agree with you in the earlier stages of someone becoming obese, but some reach a stage when it becomes a medical problem, including this guy.
Obese people are not realistically likely to engage in very active sports, but as long as they can walk, do some gardening or other light/moderate activities, then doctors can realistically expect them to exercise (in this general sense) more, and eat less. But once their weight has got so high they cannot move much then, self inflicted or not, it becomes a medical problem, and in the UK, covered by the NHS. This is equally true of treatment, and its costs, caused by any other 'self inflicted' medical problem, including sports injuries. The UK is a fairly highly taxed society, and part of 'the deal' is that we pay our taxes and expect to be treated by the NHS whenever necessary for whatever reason.
05:22 PM on 07/27/2011
Up until October 2010 I was 23 stone, which is heavier than this man. Today I am 19 stone, still overweight but working on it. I have done moderate exercise, nothing over the top, but improved my diet. No fads, just better food choices and smaller portions than I used to eat. His weight is not a medical problem, it's a mental one, ALL he has to do is eat less, any exercise will help but ultimately it's calories in versus calories out and so long as he maintains even a small deficit, he will lose weight.
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Spaceman Eddie
Unfair to the Imbalanced
12:10 PM on 07/27/2011
6'2". 22 stone = 308 lbs. Still not drastic enough for GBS. Heck, he's still a few stones short of a typical EMT here in the USA.