Obese Man Fights For Gastric Bypass Op

A man who was told he wasn't fat enough for obesity surgery has gone to court in the hope of overturning the decision.

Thomas Condliff from Talke, Staffordshire weighs 22 stone and has severe diabetes.

He has been told by his doctor that he is likely to die within a year unless he has an operation to make his stomach smaller.

But the North Staffordshire Primary Care Trust (PCT) has refused to pay for the 62-year-old grandfather to have it because his Body Mass Index (BMI) is not high enough to qualify under rules in the area.

The PCT requires a BMI of 50 for weight loss surgery - Mr Condliff's is around 43.

The former police officer told Sky News he is housebound, in constant pain and suffers from diabetes, along with a number of other medical conditions.

He is now too fat to play guitar, go to church or be a good husband to his wife, say his lawyers.

The operation would extend his life expectancy and cut the number of drugs he needs each day.

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

Mr Condliff's lawyers are now seeking to overturn the High Court ruling in the Court of Appeal.

Richard Clayton QC, for Mr Condliff, argued a policy the authority had followed when making the decision breached human rights legislation.

Mr Clayton complained that the policy "expressly" required the PCT to "ignore" the "adverse effects on respect for his private and family life of not funding surgery" and the "potential beneficial effects on respect for his private and family life of surgery".

In a statement, North Staffordshire PCT said:"If the court requires the PCT to fund this surgery for Mr Condliff, and other patients in the same clinical circumstances, then cuts will have to be made in other NHS services in order to free resources to pay for those operations."

Lawyers expect the hearing in London to last two days and the three judges are likely to reserve judgment to a later date.

If Mr Condliff wins the case it could mean the NHS will end up having to pay out for many more obesity-related operations.

In a similar case, 20-stone Darin McCloud from Portsmouth decided to pile on the pounds so he would qualify for weight loss surgery.

The 45-year-old had also been told he was not fat enough to qualify.