Divorcing Man Wants Kidney Back After Wife Cheats

[edbermac]

GARDEN CITY, N.Y. — A Long Island surgeon embroiled in a nearly four-year divorce proceeding wants his estranged wife to return the kidney he donated to her, although he says he'll settle for $1.5 million in compensation.

Dr. Richard Batista, a surgeon at Nassau University Medical Center, told reporters at his lawyer's Long Island office Wednesday that he decided to go public with his demand for kidney compensation because he has grown frustrated with the negotiations with his estranged wife.

He claimed he has been prevented from seeing their children, ages, 8, 11 and 14, for months at a time.

"This is my last resort; I did not want to do this publicly," Batista said.

He said he gave his kidney to Dawnell Batista, now 44, in June 2001. She filed for divorce in July 2005, although he claims she began having an extramarital affair 18 months to two years after receiving the kidney transplant, his attorney, Dominick Barbara said.

Douglas Rothkopf, the attorney representing Dawnell Batista, did not return telephone calls seeking comment.

http://www.huffingtonpost.com/2009/01/08/divorcing-man-wants-kidne_n_156197.html

Ah, the joys of being single...

[Bake]

1. Yeah ... he's not gettin' the kidney back.

And probably not getting any money for it either.

Bake

[BarenakedLady]

2. At least all my organs are my own.

:scared:

[struggle4progress]

3. At least he wasn't so crass as to ask her to return all the spermatozoa he donated over the years

[KamaAina]

4. Solomonic wisdom dictates...

...that the kidney be cut in half. :evilgrin:

[Shell Beau]

5. I thought he just wanted the monetary value of the kidney!

[petronius]

6. Fair enough. However, I think ~$1000 should be deducted from that $1.5 million for

every occurrence of him mentioning the kidney donation during a fight or argument. If it turns out that he owes her money instead, so be it...

[NJmaverick]

7. She was 39 had 3 kids and a donated kidney and she found a guy

to have an affair with?

[Shell Beau]

9. Is that not how you like to show your appreciation?

:P

[redqueen]

10. Um... what?

[NewJeffCT]

11. I think he means

That how did she find a time to do all that, and have an affair. But, i could be wrong.

[NJmaverick]

12. Exactly how does she find the time or energy or anything else for that matter

you just don't see many women, in her situation, initiating a new affair.

[NJmaverick]

13. Look down 2

[redqueen]

15. Lots of busy people cheat. (nt)

[NJmaverick]

16. Busy with health issues?

there is usually some sort of underlying problem that creates the need for a new kidney

[seemunkee]

22. She had the transplant in 2001

If it was successful then 7 years later she could be fine.

[Fire Walk With Me]

8. That takes guts.

[Deja Q]

28. .

*snicker*

[philosophie_en_rose]

14. What?

He gave her a gift. It's hers.

[jobycom]

17. Wow. I hope everyone reads to the end of that story.

This will become a Hallmark movie. Heck, I might even watch it! Donated kidneys, affairs, a bitter divorce battle, and interesting legal question--someone find Matthew McConnaughey and Sandra Bullock!

The article compares it to legal battles where a husband wants compensation for breast implants or plastic surgery, but in those cases the husband didn't give up part of his body. He'll still probably lose, but it's an interesting issue. Well, to me, but I'm fascinated by such things.

[Shell Beau]

18. It is interesting. Would he have donated the kidney

knowing she would cheat? It is a crazy situation.

[WinkyDink]

23. He says he'd do it again.

He still recalls the day after the surgery took place.

"There is no greater feeling on this planet. As God is my witness, I felt as if I could put my arm around Jesus Christ. It was an unbelievable; I was walking on a cloud.

To this day I would still do it again."

[Beausoleil]

19. Demanding compensation for a kidney?

Isn't it illegal to sell organs?

[Akoto]

20. Not to sound dense, but ...

Isn't suing her for the return of the kidney the same as asking the law to execute her over her affair? One assumes that, if she needed a transplant, she was in pretty bad straits.

[Lyric]

21. He'll lose. It would be illegal.

The kidney was a donation, and it cannot be taken back (by law.) Asking for compensation would effectively be a "sale" of the organ, which is also illegal.

Stupid, stupid man. The lawyer who agreed to take his case is a slimeball--he knows that it's a pointless case, and is just after this guy's money. But then again, I guess it couldn't happen to a nicer guy.

:eyes:

[blueraven95]

24. I'm not a lawyer, but it seems to me

that the kidney donation was a gift, and you can't (at least according to all the bad "judge" shows on tv) demand compensation for a gift (like the wife gets to keep the engagement ring, things like that).

But I have to say, if this attitude of his is indicative of his behavior during the marriage, then I would be divorcing him too. It seems utterly ridiculous. (Of course, I don't know about the behavior of the wife at all, and I am not absolving her of guilt because I don't really know the situation. I'm just saying this action is so over the top, it's making me think of that guy who sued his dry cleaner for millions of dollars over a pair of pants.)

[Skittles]

25. I can see why she cheated on him

[undeterred]

26. That tops War of the Roses

that nasty Michael Douglas/Kathleen Turner movie where they divorce and live in the same house.

[Deja Q]

27. Wow. What an ingrate; he gave her life... You know what she should get?

Bacterial Vaginosis, Hep C, or any other pertinent STD...

Left untreated, the two mentioned will destroy the kidneys.

Whatever. She didn't want to be with him, she cheated on him... she didn't give a shit about him. She's worthless. Pity she waited until after the kidney to do all that; she is a piece of trash.