A 22 stone former police officer who was denied the right to obesity surgery will take his case to the Court of Appeals on Monday.Of course, no word on why he had diabetes.
Tom Condliff, 62, says he needs the stomach operation to save his life but the North Staffordshire Primary Care Trust has ruled that his body mass index is not high enough to entitle him to funding for a gastric bypass operation..(sic)
An initial legal challenge failed but Condliff's lawyer will ask the Appeal Court's civil division to overturn the High Court ruling and uphold his application for a judicial review.
The 62-year-old a grandfather from Talke, Staffordshire says the "irrational" decision violated his rights under the Human Rights Act and also breached the trust's own funding policy.
Condliff became obese because of drugs taken to treat long-term diabetes. He says he would rather avoid the "very unpleasant" surgery, involving removing part of his intestine and stomach, but without it his life is in danger.
He suffers from 13 illnesses, takes 28 different drugs and uses breathing masks and inhalers. His weight has spiralled out of control in recent years as a result of medication.
Specialists have told him a gastric bypass operation would not only help him shed pounds but could also control his diabetes, leading to other ailments fading away.
The High Court was told that, at 6ft 2ins, his 22 stone (139 kg) weight gives him a BMI (body mass index) of 43kg/m2 (6.7 stone/m2), not high enough to qualify for surgery where he lives, although it would in the area of a neighbouring NHS trust.
Condliff has tried non-surgical interventions including dietary and lifestyle changes and also drug treatments, but all were unsuccessful, the court heard (sic)
And he clearly did not try the "non-surgical interventions including dietary and lifestyle changes" of eating fewer Calories than he burned.
Otherwise he would have lost weight.
Any other outcome is impossible.
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