Life WTF?!... Dude donates kidney to wife and now wants it back! - Page 3

Frankie · 01-08-2009, 09:47 AM

http://www.charlotteobserver.com/wei...ry/458547.html

Husband wants his kidney back in divorce
By Chau Lam
Newsday
Posted: Thursday, Jan. 08, 2009

GARDEN CITY, N.Y. When his wife needed a kidney transplant, Richard Batista gave her one of his, attorney Dominic Barbara said.

Now that Dawnell Batista has filed for a divorce, Richard Batista wants his kidney back as part of his settlement demand. Or, Barbara said Wednesday, his client wants the value of that kidney: an estimated $1.5 million.

Barbara said his client, a 49-year-old doctor from Ronkonkoma, married Dawnell Batista on Aug. 31, 1990. The couple have three children, now ages 14, 11 and 8.

After she had two failed transplants, Barbara said, his client donated a kidney to his wife in an operation that took place at the University of Minnesota Medical Center on June 18, 2001.

Richard Batista said his marriage at the time was on the rocks because of the strain of his wife's medical issues.

“My first priority was to save her life,” Batista said at a news conference. “The second bonus was to turn the marriage around.”

Dawnell Batista, 44, of Massapequa, filed for divorce in July 2005, Barbara said.

Neither she nor her attorney could be reached for comment.

Medical ethicists agreed that the case is a nonstarter. Asked how likely it would be for the doctor to either get his kidney back or get money for it, Arthur Caplan at the University of Pennsylvania's Center for Bioethics, put it as “somewhere between impossible and completely impossible.”

First and foremost, said Robert Veatch, a medical ethicist at Georgetown University, “it's illegal for an organ to be exchanged for anything of value.” Donating an organ is a gift – “when you give something, you can't get it back,” he said.

sedated · 01-09-2009, 04:46 PM

Quote:

Originally Posted by Frankie

You are right. I read this quickly and just remembered the Batista part. My bad.

funny how married people always seem to have the same last name.

maybe that's how people know they should get married.

38yrsfan · 01-09-2009, 05:18 PM

next she'll want all those bj's she gave him back ........

**Baby Lee** · 01-09-2009, 05:56 PM

They aren't really going after specific performance of a return of the kidney, they're using the issue as a negotiating chit in the issue of maintenance and alimony. It's going to be more about how he gave her this; first off out of the marital assets, and secondly now it reduces his earning capacity, and lifespan potential as he is down a kidney for the rest of his life.
Basically an end run around her first taking his kidney [possibly under false pretenses, if it's discovered that the affair, or her divorce intentions, predated his giving her the kidney] then trying to go into court to 'mutually' divide the marital assets as if he hadn't already given her this valuable thing.

**CrazyPhuD** · 01-09-2009, 06:09 PM

Dude just needs to stone up and demand joint custody of the kidney. He'll get it on weekends and then two weeks every summer. Seems fair and equitable.

Frankie · 01-09-2009, 08:45 PM

Quote:

Originally Posted by sedated

funny how married people always seem to have the same last name.

Not always.

01-08-2009, 09:47 AM
Frankie Banned Join Date: Jul 2001 Casino cash: $10004900	WTF?!... Dude donates kidney to wife and now wants it back! http://www.charlotteobserver.com/wei...ry/458547.html Husband wants his kidney back in divorce By Chau Lam Newsday Posted: Thursday, Jan. 08, 2009 GARDEN CITY, N.Y. When his wife needed a kidney transplant, Richard Batista gave her one of his, attorney Dominic Barbara said. Now that Dawnell Batista has filed for a divorce, Richard Batista wants his kidney back as part of his settlement demand. Or, Barbara said Wednesday, his client wants the value of that kidney: an estimated $1.5 million. Barbara said his client, a 49-year-old doctor from Ronkonkoma, married Dawnell Batista on Aug. 31, 1990. The couple have three children, now ages 14, 11 and 8. After she had two failed transplants, Barbara said, his client donated a kidney to his wife in an operation that took place at the University of Minnesota Medical Center on June 18, 2001. Richard Batista said his marriage at the time was on the rocks because of the strain of his wife's medical issues. “My first priority was to save her life,” Batista said at a news conference. “The second bonus was to turn the marriage around.” Dawnell Batista, 44, of Massapequa, filed for divorce in July 2005, Barbara said. Neither she nor her attorney could be reached for comment. Medical ethicists agreed that the case is a nonstarter. Asked how likely it would be for the doctor to either get his kidney back or get money for it, Arthur Caplan at the University of Pennsylvania's Center for Bioethics, put it as “somewhere between impossible and completely impossible.” First and foremost, said Robert Veatch, a medical ethicist at Georgetown University, “it's illegal for an organ to be exchanged for anything of value.” Donating an organ is a gift – “when you give something, you can't get it back,” he said.
Posts: 26,959

01-09-2009, 05:18 PM	#32
38yrsfan Veteran Join Date: Aug 2004 Location: In many minds, rent free. Casino cash: $9935667	next she'll want all those bj's she gave him back ........ __________________ During the 75 season the Chiefs mascot Warpaint would circle the field after a touchdown. This prompted a great quote from long ago Raiders coach John Madden after the 42-10 loss at Arrowhead. "We couldn't beat the Chiefs, but we damn near killed their horse."
Posts: 1,351

01-09-2009, 05:56 PM	#33
Baby Lee Supporter Join Date: Aug 2000 Casino cash: $8028275	They aren't really going after specific performance of a return of the kidney, they're using the issue as a negotiating chit in the issue of maintenance and alimony. It's going to be more about how he gave her this; first off out of the marital assets, and secondly now it reduces his earning capacity, and lifespan potential as he is down a kidney for the rest of his life. Basically an end run around her first taking his kidney [possibly under false pretenses, if it's discovered that the affair, or her divorce intentions, predated his giving her the kidney] then trying to go into court to 'mutually' divide the marital assets as if he hadn't already given her this valuable thing. __________________ We need the kind of courage that can withstand the subtle corruption of the cynics - E.W.
Posts: 95,642

01-09-2009, 06:09 PM	#34
CrazyPhuD Meow Join Date: Jun 2005 Casino cash: $10005050	Dude just needs to stone up and demand joint custody of the kidney. He'll get it on weekends and then two weeks every summer. Seems fair and equitable. __________________ "Political correctness is a doctrine, fostered by a delusional, illogical minority, and rabidly promoted by an unscrupulous mainstream media, which holds forth the proposition that it is entirely possible to pick up a t*rd by the clean end"
Posts: 8,523