Man gives wife kidney, wife later files for divorce, he wants kidney BACK or $1.5 mil

[JUSTUSTWO]

Saw this on Good Morning America today, then saw it in the local paper.

Interesting! He wants the kidney back but says that he knows that's unlikely. So since he can't get the kidney back, he wants $1.5 million dollars!

I know it sounds crazy but do you think you'd go this far if you donated an organ to your spouse to save his/her life, then found out he/she was having an affair?

 

Long Island doctor Richard Batista to estranged wife: Give me my kidney back or $1.5M

 

Long Island doctor Richard Batista to estranged wife: Give me my kidney back or $1.5M

 

By LARRY McSHANE

DAILY NEWS STAFF WRITERS

Updated Thursday, January 8th 2009, 2:30 AM

 

Richard Batista can live with his broken heart. He just can't bear his cheating wife living with his healthy kidney.

 

The Long Island doctor wants the one-time love of his life to pay $1.5 million for the organ he bestowed on her eight years ago in a gift meant to save her life and their foundering marriage.

"There's no deeper pain you can ever express than to be betrayed by the person you devoted your life to," Batista told reporters in Garden City Wednesday.

"I saved her life. But the pain is unbearable."

 

Batista charged his wife, Dawnell, repaid his gesture by first sleeping with her physical therapist - and then denying him access to their three kids in an increasingly bitter divorce.

 

Adding to his anguish, Batista insists his decision to donate his kidney in 2001 was in part a failed effort to rescue their troubled relationship.

"My first priority was to save her life," the 49-year-old doctor said. "The second bonus was to turn our marriage around."

Dawnell Batista survived. Their marriage lasted just another four years, with the wife filing for divorce in July 2005.

 

The once-happy pair met two decades ago when he was a resident and she a training nurse at North Shore Hospital.

They were married in August 1990, celebrating with a lavish Long Island reception, and were soon living in a $1 million Massapequa home.

The couple shared the joy of three daughters, but Dawnell was battling kidney failure and the couple's relationship turned shaky.

 

Her husband - a surgeon at Nassau University Medical Center - injected her three times a week with medication as part of her health care regime.

Dawnell's health continued to deteriorate. After two transplants failed, her husband volunteered to donate one of his kidneys - and discovered he was a match, a 1-in-700,000 shot.

 

"I was the first and only one to step to the plate," the doctor recalled. Without his donation, Dawnell faced a long wait: There are 6,748 people awaiting kidneys in New York State, the New York Organ Donor Network says.

Successful surgery followed at a Minnesota hospital on June 28, 2001. Batista said he was looking forward to happier times with his now-healthy bride - but his hopes proved futile.

"Nothing changed," he said.

 

Dawnell Batista viewed the kidney as a new lease on life, too. She returned to school to earn a master's degree in nursing, and took up karate, her husband said.

 

After an injury suffered while trying to earn her black belt, she began physical therapy - which evolved into an affair with her therapist, Batista said.

"It put a hole in my heart that still exists," Batista said of his wife's disloyalty. "To this day, I'm a man of pride. To be betrayed that way, humiliated - I can't even began to say."

 

Dawnell Batista was not at her home Wednesday. Her lawyer did not return a call for comment.

 

Batista said the ongoing ugliness began on day one of their divorce.

"She slapped me with divorce papers when I was in surgery trying to save another person's life," he fumed.

 

The case was apparently the first of its kind in New York State. Julia Rivera of the New York Organ Donor Network said she never heard of anything similar.

"This is extraordinary," the spokeswoman said.

Batista insisted his cash-for-kidney claim was a direct result of his wife's behavior. He said he hasn't seen his three daughters - ages 14, 11 and 8 - in months.

"This is my last resort," Batista said. "I didn't want to be in the public eye."

 

Despite the animosity, Batista insisted he would donate the kidney all over again to his hopefully soon-to-be-ex. He fondly recalls a visit to her room on the day after surgery.

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

[Jessica]

I was reading this article a few minutes ago.

 

It's pretty crazy. While I don't think I'd want my kidney back (I mean who wants to go through that procedure again?!), I sure as hell would be pissed if I donated an organ to my spouse and then they turned around betrayed me like that. Cheating is pretty crappy on it's own, but to do it to someone who saved your life?! That's so not cool.

 

I don't know about the monetary demand. I mean, I don't think it's too out of line, I'm not sure if I'd do it, but I can certainly understand the motivation.

[BachataBride]

That is so bizarre!! Does he have any merit doing that?? How did he decide on the $1.5M...why not $1M or $2M?? Weird!!

[missdanelle]

thats awful! Poor guy; he obviously is really hurt and just trying to get back at her the only way he can.

[YoursTruly]

I totally understand Richard’s pain, as infidelity is nothing to treat in a cavalier manner. Technically he cannot get the kidney back, however, I understand his motivation totally. He devoted his life seemingly to his wife and feels at a total loss. He has clearly priced out the worth of the kidney and considers it as something to add to the divorce settlement. The only difference (I am playing devil’s advocate here ) is that instead of the normal tangible things they shared that people end up getting in a settlement (house, cars, other assest), he is going after something that gave his wife, LIFE. Clearly he would rather want her dead so to avoid jail time, please give the man his money!!!

[Kristy!]

I heard onthe radio this morning that the kidney is "valued" at $1.5 million, so that's where that amount comes from. This is a tough situation. I'm definitely interested to see how it plays out.

[boscobel]

That's just crazy. First of all, it was 8 years ago. It isn't like she took his kidney and then told him, I want a divorce, I used you for your kidney. Also, you can't BUY organs (legally), so what makes him think he should be paid for giving one up? Dude, move on.

 

I mean, it sucks that they ended up this way, but they are two totally unrelated things. She didn't cheat because of the kidney or get the kidney for not cheating, or whatever.

[Jacqueline]

so comical, this could be a lifetime movie

[JUSTUSTWO]

Quote:

Originally Posted by BachataBride That is so bizarre!! Does he have any merit doing that?? How did he decide on the $1.5M...why not $1M or $2M?? Weird!!

Quote:

Originally Posted by Kristy! I heard onthe radio this morning that the kidney is "valued" at $1.5 million, so that's where that amount comes from. This is a tough situation. I'm definitely interested to see how it plays out.

Here's how he came up with that amount:
"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."

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.

Quote:

Originally Posted by carly That's just crazy. First of all, it was 8 years ago. It isn't like she took his kidney and then told him, I want a divorce, I used you for your kidney. Also, you can't BUY organs (legally), so what makes him think he should be paid for giving one up? Dude, move on. I mean, it sucks that they ended up this way, but they are two totally unrelated things. She didn't cheat because of the kidney or get the kidney for not cheating, or whatever.

Carly, like you said, giving an organ is considered a gift:
"Medical ethicists agreed that the case is a nonstarter. Organs in the U.S. may not be bought or sold. Donating an organ is considered a gift." Newsday

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.

Last but not least, what about this:
Manhattan attorney Susan Moss said, "The good doctor is out of luck and out a kidney. This is similar to cases where a husband wants to be repaid for the cost of breast implants and the such. Our judges are not willing to value such assets, so to speak."

There are people who want to be reimbursed for the cost of breast implants? Actually, now that I think about it, I have seen these kind of cases on Judge Judy but I can't remember the outcomes!

The outcome of this will definitely be interesting!

[Hartyt509]

It'll die on its arse lol its illegal to sell or buy organs and if she paid him in effect that's what she did. No court will give him it, well they couldn't in the UK anyway lol

 

He's better off screwing her arse to the wall in family court lol made me laugh tho lol Which is weird as my mum had a kidney transplant and trust me the procedure and aftermath is no picnic lol

 

Wonder if the physical therapist was nice looking lmao