A 22-stone ex-policeman is to make an urgent appeal to the Supreme Court in a last-ditch bid to force a health authority to fund the obesity surgery he says he needs to save his life.
Grandfather Tom Condliff, of Talke, Staffordshire, whose life expectancy has been severely reduced by weight-linked health problems, has lost his Court of Appeal battle for the operation.
His lawyers reacted swiftly, saying they will now apply to take his case to the highest court in the land.
Oliver Wright, solicitor with law firm McCool Patterson Hemsi, said: "Mr Condliff is disappointed with the decision of the court today. He has instructed his solicitors to make an urgent application for permission to appeal to the Supreme Court, and he hopes that permission will be granted this week."
North Staffordshire Primary Care Trust (PCT) rejected an application by Mr Condliff, who is aged 62 and 6ft 2in, for funding for laparoscopic gastric bypass surgery.
His lawyers say he is obese due to the drugs he takes for long-term diabetes. He suffers from 13 illnesses, takes 28 different drugs and uses breathing masks and inhalers.
But the PCT decided last October his body mass index (BMI) of 43 was not high enough to qualify for surgery under its individual funding request (IFR) policy.
Mr Condliff's lawyers say the IFR policy itself is legally flawed and breaches his rights to "private and family life" under Article 8 of the European Convention on Human Rights.
But in April, Judge Waksman QC, sitting at the High Court in London, rejected the human rights argument and refused to quash the PCT's decision.
Three appeal judges - Lord Justice Maurice Kay, Lady Justice Hallett and Lord Justice Toulson - have now also backed the PCT.