Give Me Back My Kidney!

[Morwen]

This is the one I was looking for:

Source: http://www.newsday.com/news/local/ny-likidn0108,0,512593.story

Husband in divorce case wants wife's kidney back--or $1.5MDoc from Ronkonkoma wants donated organ -- or equal value -- back from wife as part of divorce settlement

9:33 PM EST, January 7, 2009
When Dr. Richard Batista's wife needed a kidney, he gave her one of his.

And now that Dawnell Batista has filed for a divorce, he wants it back.

If he can't get the kidney, his attorney, Dominic Barbara of Garden City, said Wednesday that his client wants $1.5 million -- which, he said, reflects in part the value of the kidney transplant.

Dawnell Batista, 44, of Massapequa, could not be reached and her attorney, Douglas Rothkopf of Garden City, declined to comment in detail.

"The facts will speak for themselves and they're not as represented by Dr. Batista," Rothkopf said.

Medical ethicists agreed that the case is a nonstarter. Arthur Caplan of the University of Pennsylvania's Center for Bioethics said the likelihood of Batista getting either his kidney or cash was "somewhere between impossible and completely impossible."

Robert Veatch, a medical ethicist at Georgetown University's Kennedy Institute of Ethics, noted that "it's illegal for an organ to be exchanged for anything of value." Organs in the United States may not be bought or sold. Donating an organ is a gift and legally, "when you give something, you can't get it back," he said.

"It's her kidney now and . . . taking the kidney out would mean she would have to go on dialysis or it would kill her," Veatch said.

Barbara said his client isn't really looking for Dawnell Batista to give back her kidney. "Does he really want the kidney back? Of course not," he said.

Batista said his aim instead was to draw attention to her not allowing him agreed-upon visitation with the couple's three children, ages 14, 11 and 8.

Batista, 49, of Ronkonkoma, said he donated his kidney to his wife in June 2001, after she had undergone two other failed transplants when her kidneys ceased working.

"My first priority was to save her life," Batista said at a news conference in Garden City. "The second bonus was to turn the marriage around."

Batista, a surgeon at Nassau University Medical Center since 1992, said the marriage had been shaky because of his wife's illness.

Initially, Batista said he was happy with his gift of life: "I was walking on a cloud. I did the right thing for her and to this day I would do it again."

Dawnell Batista, a nurse, filed for divorce in July 2005, and her husband countersued that same year. The demand for the kidney was not part of the original countersuit, but was introduced Wednesday, Barbara said.

Barbara said the $1.5 million his client feels he's entitled to reflects damages, including how much money she made as a result of being able to continue working and not having to go on dialysis. "A price can't be placed on a human organ but it does have value," he said.

Caplan disagreed. "There's nothing later you can get in terms of compensation if you regret your gift," he said.

I heard about this today on Good Morning America (had to shovel snow, couldn't listen to all of it) and on my local morning radio show.

Now, I've gotten pretty vindictive when wronged, but... a kidney? Damn.

She cheated on him with her physical therapist after recovering from a karate injury, though that doesn't seem to be stated here. I think he's doing a job at showing getting attention but I doubt he'd get his kidney back. Though someone did say if he can show cause of the cheating he might have rights to take it back. Though, given as a gift, I don't see how one could take that back in court, kidney or not.

 

[Halifirien]

Wonderfully vindictive bullshit. I hope a judge tells him to go pound sand.

 

[Morwen]

What would one do with an extra kidney? I don't think they'd be able to put it back, would they?

 

[Morcheeba]

I heard this story this morning on the news coming into work. Personally, I think she should have to pay for the kidney.

Apparently the adultry was going on before and after the surgery, so yeah, give the man his shit back. Imo it was a bitch move what she pulled.

The man being a Doctor himself has said the amount he is sueing for IS the value of the kidney. No he won't get the kidney back, but I think she should have to pay. Unless yes some there is "good" reason for her adultry.

Mor, as much as I agree with you that it was a gift from him to his wife whom he loved and wanted to save as he knew he was able to, I don't think he would have made that same choice had he known about her stepping out on him.

 

[Halifirien]

What he should do is bide his time and wait for her to get in another serious relationship, then sabotage it by sending the guy a note saying "I'm inside her right now."

 

[Zyndara]

I heard this story this morning on the news coming into work. Personally, I think she should have to pay for the kidney.

Apparently the adultry was going on before and after the surgery, so yeah, give the man his shit back. Imo it was a bitch move what she pulled.

The man being a Doctor himself has said the amount he is sueing for IS the value of the kidney. No he won't get the kidney back, but I think she should have to pay. Unless yes some there is "good" reason for her adultry.

Mor, as much as I agree with you that it was a gift from him to his wife whom he loved and wanted to save as he knew he was able to, I don't think he would have made that same choice had he known about her stepping out on him.

Here's the thing. In that article, he says himself that they were having problems and that he gave her his kidney to "turn the marriage around." Here's an idea. Don't give away your organs as a play to save your marriage. If you're going to give a body part away, do it because you love someone completely and because you want for them to live. Because if you do it with that sentiment, you're doing it for the right reasons, and that feeling shouldn't change, no matter what later befalls you and that person.

Every story has two sides, and if he's the type who would ask for an organ back that saved her life, then I'd wager she may have had good motivation to cheat.

 

[Tristam Green]

Wonderfully vindictive bullshit. I hope a judge tells him to go pound sand.

yup.

I heard this story this morning on the news coming into work. Personally, I think she should have to pay for the kidney.

sorry, but nope. He did something for the betterment of his wife, and he can't change that by "Indian Giving" his way out of it. If he'd given her a loan of cash or something, then yeah. But a body part? You have to draw the line somewhere. I'd make sure he was able to constantly remind her that "there'll always be a piece of me close to your heart" or something like Halifirien said lol.

 

[Morwen]

Mor, as much as I agree with you that it was a gift from him to his wife whom he loved and wanted to save as he knew he was able to, I don't think he would have made that same choice had he known about her stepping out on him.

Cheebs, he's drawing attention to her adultery in a custody hearing. Do you really think she should give the kidney back when the very children they're arguing about custody for, could lose their mother forever? Dialysis only works for so long, an unrefused kidney lasts for... ever.

What he should do is bide his time and wait for her to get in another serious relationship, then sabotage it by sending the guy a note saying "I'm inside her right now."

LMAO! Classic XD

 

[Morcheeba]

No... I don't think he should get the kidney back, I don't thinks there's a judge on the planet that is that dunce. Forcing someone into surgery, no.

I never heard anything about him saying he was doing it for the betterment of their marriage. I only heard what I did. =( I know there are two sides, it just wasn't made clear, so going on what I had heard, I think he should get some $$$.

I think a custody battle is the WRONG place to bring up such a situation. It's in bad taste.

It's not so much "Indian Giving" Trist, as what I was aware of was her cheating before as well as continuing to cheat after receiving a life saving organ from her husband.

Although they were having problems, I still think if the husband was fully aware she was getting her meat elsewhere, he would have said stfu get your toy to give you a kidney.

 

[Zyndara]

I never heard anything about him saying he was doing it for the betterment of their marriage. I only heard what I did. =( I know there are two sides, it just wasn't made clear, so going on what I had heard, I think he should get some $$$.

This is the section I was talking about Cheebs:

Batista, 49, of Ronkonkoma, said he donated his kidney to his wife in June 2001, after she had undergone two other failed transplants when her kidneys ceased working.

"My first priority was to save her life," Batista said at a news conference in Garden City. "The second bonus was to turn the marriage around."

It's like they say in the article, giving an organ is a gift - it's why they call it an organ donation. He shouldn't be reimbursed for something he gave willingly to her to save her life. Furthermore, doesn't it say something that he wanted to save her life only so long as she remained his wife? Sounds a little dysfunctional and a lot less like love to me. I'm not saying she wasn't wrong to cheat, but I am saying it doesn't say a lot of good about him that he'd ask for compensation for saving her life.

 

[Morwen]

There was actually a guy recently that filed for divorce, became incredibly ill and needed a kidney, his soon-to-be-ex-wife donated hers and he called of the divorce.

 

[Zyndara]

There was actually a guy recently that filed for divorce, became incredibly ill and needed a kidney, his soon-to-be-ex-wife donated hers and he called of the divorce.

I think sometimes the gesture is overwhelming. I would be so touched if someone were to do that for me. I think if something like that happens in the natural course of things, it's wonderful. I just don't think you should give an organ expecting it to save your relationship, you know what I mean?

 

[Tymon]

I looked more at the part where it says that the real point of the entire suit was more to direct attention at his wife's not letting him see his own kids--at all.

That's pretty mean first off, as there's no indication that he was abusive.

I don't really think he should be compensated for the kidney, but I'm certainly not on her side as far as her actions go.

 

[Zyndara]

Just because he gave her his kidney doesn't make him father or husband of the year. There's no way of knowing what was going on inside that marriage. Lots of people split up all the time for any reason you can think of, and when there's kids involved, the only time you usually hear about there being visitation withheld is when there's a reason for it.

Plus, what - a million or so dollars will somehow soothe his not being able to see his children? If it's a point he's trying to make that he loves and wants to be with his kids, he's failing.

 

[Morwen]

I have to agree, just because you give a kidney, doesn't absolve you of your sins.

However, why would he draw attention to the case (which is his sole reasoning behind this hullabbaloo) if he could be found to be abusive/negligent/etc? I don't think any lawyer would say 'Yeah, lets keep doing this when they could easily find out you beat your wife'.

We may just be dealing with one of those horrible ####s that will do anything to get a buck, including take the kids from a (allegedly) good father.

 

[Zyndara]

However, why would he draw attention to the case (which is his sole reasoning behind this hullabbaloo) if he could be found to be abusive/negligent/etc? I don't think any lawyer would say 'Yeah, lets keep doing this when they could easily find out you beat your wife'.

We may just be dealing with one of those horrible ####s that will do anything to get a buck, including take the kids from a (allegedly) good father.

That's true. She could be a total raving maniac whore. I guess I'm playing a bit of devil's advocate. I've just seen enough to know that you never really know what goes on between two people in a relationship. You can think you do, you can even be told what's going on. But the only two who will ever really know are those two.

 

[Mirewen]

Eh, I can kinda understand where he's coming from. Wife cheated on him after receiving his kidney and

her not allowing him agreed-upon visitation with the couple's three children, ages 14, 11 and 8

Give me back my kidney then you ungreatful bitch.

(It's not like he actually wants/expects it back)

 

[Darkdante]

What she should have done is confessed to cheating before taking the organ. Taking it under those circumstances is pretty.... evil? Maybe only selfish, but thats still pretty fucking evil for someone to be called a "wife" and do that. I mean after all he risks his own chances at life by giving up his kidney, and he's risking his own life under the pretenses that his marriage hasn't yet been violated and still savable.

The lying bitch will get away with it, but she owes him the 1.5 million for being a cheating scum of the earth.