A 22-stone ex-policeman has lost his Court of Appeal fight to force a health authority to fund obesity surgery. Tom Condliff, 62, said he needed a gastric bypass operation to save his life after becoming obese due to the drugs he takes for long-term diabetes. The Stoke-on-Trent man challenged a decision by North Staffordshire PCT to refuse to fund the procedure. Court judges expressed "considerable sympathy" but ruled the funding policy did not breach human rights laws. Lord Justice Toulson, one of three judges sitting on Wednesday, said: "Anyone in his situation would feel desperate." Mr Condliff, of Talke, who has a body mass index (BMI) of 43 - not high enough under his PCT's rules to qualify for surgery - lost a High Court battle over the decision in April. But his lawyers had argued the PCT had applied a funding policy which was legally flawed and breached his human rights.
A man who is almost completely paralysed is taking legal action in a bid to end his life. His solicitors have told the BBC that they believe his case could have major implications for the way prosecutors in England, Wales and Northern Ireland deal with assisted suicides.
Frances Swaine and Merry Varney are instructed by David Tracey, whose wife, Janet Tracey, sadly died in Addenbrooke’s Hospital on 7 March 2011. Following her admission to Addenbrooke’s, a ‘Do Not Attempt Cardio Pulmonary Resuscitation Order’ (known as a DNACPR or DNR) was placed on Janet’s medical notes. Janet was unaware of the DNACPR and when she became aware of it several days later, she clearly stated it was against her wishes and that she wanted to be resuscitated. As a result the DNACPR was cancelled. Several days later however a further DNACPR was entered onto her records. We have issued a judicial review and human rights claim against the NHS Trust responsible for Addenbrooke’s and against the Secretary of State for Health seeking Declarations from the Court that the Trust’s policy on the use of DNACPR is unlawful, and for the Secretary of State for Health to issue national guidance for patients and their families to know their rights concerning the use of DNACPRs.