Obese payout case thrown out of court

The High Court of Australia on Friday refused a request by Luis Almario to have his case heard, shutting the book on the lengthy dispute.

As first revealed by MO, the NSW Supreme Court ordered Sydney nutrition specialist Dr Emmanuel Varipatis to make the huge payment to Mr Almario in December after finding him negligent for failing to refer his former patient to a weight loss clinic or for bariatric surgery.

Mr Almario, who is 154cm tall and weighed up to 140kg under Dr Varipatis’ care, developed liver cancer as an indirect result of his obesity and the court said at the time he had only months to live.

But in April, a three-judge panel dismissed the initial ruling, saying a GP’s duty of care went as far as discussing weight loss options with a patient but not as far as “an exercise in futility” – a referral to what a weight loss clinic would have been.

Last month Mr Almario’s lawyers applied to