Man demands estranged wife pay for kidney

[MedicCook]

Man demands estranged wife pay for kidney
He wants $1.5 million for the organ he gave her when they were together

GARDEN CITY, N.Y. - A New York doctor is demanding that his estranged wife pay him $1.5 million to compensate him for the kidney he gave her while they were still on good terms. Dr. Richard Batista spoke Wednesday to reporters at his lawyer's office in Garden City, Long Island.

He said he gave his kidney to Dawnell Batista in June 2001. She filed for divorce in July 2005.

The 49-year-old Batista works for Nassau University Medical Center. The couple have three children, ages, 8, 11 and 14.

A message left for his wife's attorney, Douglas Rothkopf, was not immediately returned.


http://www.msnbc.msn.com/id/28544805

[Donna]

ask judge judy.......she'll tell you TOO BAD YOU MORON, IT WAS A GIFT!!!:rotflmao::whoopdedoo::whoopdedoo:

[MedicCook]

I can't quite figure his angle on this.

[Donna]

if she filed for divorce like the next month, i could see it, maybe....but it was 4 yrs later.......

[MedicCook]

What is he going to say on the stand?

"If I knew she was going to leave me I would have just let her die 4 years ago."

I don't think a jury will be on his side for that unless he can get 12 divorced men on it.

[trojanmiro]

tis rather shallow but it might just be a sign of how hurt he actually is. ii see it different then a ring or something, because a ring wont save a womans life. if i were him, the angle i would use is i put my life in jeopardy to save hers. that she is literally taking a part of him with her after the divorce. that he obviously couldnt have made any greater sacrifice to help her or the marriage and she is still leaving. i would make it a point if i were him that i held up my end of loving in sickness and in health, for better or worse. i would lay it on thick. he might have a shot at this.

[MedicCook]

He still has no claim to make her pay for it. What if he gave a kidney to a friend and that friend then went out and killed someone. Does he have the right to sue the friend because his kidney now will be wasted in jail? Or how about the family of the dead person. Do they have a right to sue him for giving his friend a kidney and prolonging his life and making it possible for him to be alive to kill their family member? I will be that some of the paperwork that you sign when donating an organ in this country is that you will not be accepting a financial gain for the organ since it is illegal in this country to sell your organs.

[sws4420]

He won't get anything. He donated the kidney. Donated. You can't get a returned donation just because you no longer like the person who received the donation.

[LLL]

He won't get anything. He donated the kidney. Donated. You can't get a returned donation just because you no longer like the person who received the donation.


Exactly right. At Goodwill recently somebody brought in a bunch of stuff to donate to them and the guy who owned some of it went down to get an item back that Goodwill found was worth $100,000 or so. No way would they give it back. A donation is just that. I remember some Business Law classes years ago. There's offer and acceptance. He offered the kidney, she accepted it without a counter-offer.....done deal. May not be exactly the right thing to support my position, but it's in the neighborhood. The only way he'll get that kidney back is if he reaches in and pulls it out himself, and he'll get no payment for it either.

[trojanmiro]

i doubt he will get anything myself, but im just saying he could make it interesting i think, depending on if he gets a bleeding heart or not. juries dont handle divorce do they? but then again its not divorce its claims court. im almost positive hes doing this out of spite. of course i would prolly be pretty spiteful too if i gave my wife a kidney and then she divorced me and still prolly got several million after all that. this case interest me, i wish we could have some of the divorce details.

[MedicCook]

This case will not even reach that far. A judge will most likely throw the case out for lack of legal claim.

Here is a picture of the once happy couple.

http://www.rr.com/images/leadpromotion/6523884/6523884.jpg