22 Stone Former Policeman Loses Battle For Stomach Op Surgery
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.