A physically fit cancer survivor has launched a fierce criticism of the NHS, claiming he has gone from fighting a life-threatening disease to 'battling the NHS' over the right to start a family.
From Cancer Diagnosis to Fertility Heartbreak
Ben Smith, a 29-year-old from Barham in Suffolk, received the devastating diagnosis of testicular cancer in January 2020. Before undergoing treatment that would leave him infertile, he was advised to preserve his sperm. Following an operation to remove a testicle and gruelling chemotherapy, the former physical training instructor fought his way back to fitness.
Mr Smith, who now works as a business development manager, rebuilt his strength with a rigorous regime of gym visits three times a week and football twice weekly. His remarkable recovery was underscored last summer when he successfully ran a half marathon.
The 'Arbitrary' BMI Barrier
Last month, Mr Smith and his 27-year-old fiancée, Beth Harman, a local authority worker, approached a fertility doctor at Ipswich Hospital to begin IVF using his frozen sperm, stored at Bourn Hall Clinic in Essex. While they met all other criteria, they were rejected because of Mr Smith's Body Mass Index (BMI).
Despite his athletic build, his height of 5ft 9in and weight of 16.5 stone gives him a BMI of 34, which is classified as obese. The NHS Suffolk and North East Essex Integrated Care Board (ICB), which commissions IVF in the area, requires a BMI below 30.
Ms Harman described the moment they received the news: 'I had a lump in my throat throughout [the meeting] and I thought I was going to cry.' She defended her partner's physique, stating, 'I wouldn't look at Ben and say he was fat at all. He's got a rugby player's physique with muscly arms and legs. He'd have to lose two stone of muscle mass, which can't be done.'
A Petition for Common Sense
The couple, who are due to marry in September, feel profoundly penalised by a system they believe fails to account for individual circumstances. Mr Smith had previously given Ms Harman permission to use his sperm if he did not survive his cancer battle.
'I've battled cancer and now I'm battling the NHS for the right to have IVF just because of an arbitrary number,' Mr Smith told the Mail. 'If I'd unfortunately lost my battle with cancer, Beth would have been having IVF anyway. I'm being punished for surviving.'
They have lodged a formal appeal with the NHS ICB and complained to the Patient Advice and Liaison Service (PALS). Additionally, they have started an online petition on Change.org, which has garnered over 22,000 signatures, arguing the rules fail cancer survivors.
Ms Harman added: 'We eat well and we don't drink or smoke. We don't want preferential treatment... But it creates an outcome where survival is being penalised. To us, it seems impossible to justify ethically or legally.'
The case has reignited the debate around the use of BMI as a sole health metric, with experts increasingly criticising it as a 'blunt tool'. A spokesman for the ICB confirmed the eligibility criteria are under review to ensure consistency across the East of England and that any appeal would be carefully considered by a professional panel.
