Husband Wants Kidney Back
Many divorces turn acrimonious, but a New York divorce has turned potentially life-threatening. But a new litmus test has emerged for real acrimony: has your soon-to-be ex asked for a donated organ back? Only then do you know you are in a truly deadly divorce!
According to Newsday, a New York surgeon, Richard Batista, is asking his wife, Dawnell Batista, for the kidney he gave her in 2001 back, or if she can't live without it (ha ha)--for $1.5 million in exchange for his regret over the gift.
It occurs to me that husbands and wives who are divorcing often don't get to ask for other large, costly, or otherwise meaningful or significant gifts that they give to their spouse while they are married back just because they aren't in love or don't wish to be married anymore. From engagement or wedding rings to Christmas presents, gifts stay with the recipient in most cases.
Moreover, it's hard to imagine ex-ish spouses asking for other medical "gifts" back. I can just hear it now: "Hey hon, I really loved you when I bought you that rhinoplasty, but now you don't deserve to have a perfect nose anymore, so I want it back. And if I can't I have it, I want $50 grand." Divorce lawyers will gather over martinis and begin drawing medical gift price lists that their clients, who can't really take back breast augmentations and liposuctions, will say that they deserve their "investments in their spouse" back and conjure up ridiculous figures for them above and beyond what the actual procedures cost.
Never mind that asking for a kidney back would put Dawnell Batista on a dialysis machine and endanger her health while she cares for three children, never mind that Richard Batista voluntarily gave her the kidney seven years ago, never mind that we don't sell kidneys in the United States.
Here's my diagnosis of the case: divorce-induced insanity on the part of client and attorney. No reasonable client or attorney would propose asking for a bodily organ or $1.5 million if desperation weren't involved.
Surely no judge or jury is going to force Dawnell Batista to give up her kidney--but will she be forced to pay her husband for some pain and suffering for "losing" a kidney he voluntarily gave? It's hard to imagine. Oddly, if she does pay, she'll probably get paid her own money right back in child support or alimony--getting her kidney money right back.
Summer Johnson, PhD
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comments
you're a woman so of course you'd side with the dumb, money grubbing broad
- by T on Jan 8, 2009 at 4:25 AM | link
You left out the part about the fact that the man donated a part of his body to a woman who was cheating at him both before and after the transplant.
Not that I support the man's claims, but if you're going to report a story, report the whole story.
- by Smacky on Jan 8, 2009 at 12:30 PM | link
I am appalled. Here we have a doctor, sworn to help save lives, who wishes to harm another human being out of spite. The lack of humanity a course of action such as this displays is truly disheartening. Well, possession is 9/10 of the law, and last I remember, it's illegal to sell a kidney. By asking for a monetary reimbursement, he is essentially saying, that in retrospect, that he would like to charge for his kidney donation. The court will, no doubt, have none of this, and he will (more than likely) ultimately fail in his quest to reclaim his kidney or to receive monetary compensation.
BFrosty ~ Kidney Dialysis Patient (CAPD keeps me going! look it up!)
- by BFrosty on Jan 8, 2009 at 1:22 PM | link
You're right, no judge will order return of the kidney. The fact that the husband has asked for it is fascinating to me, since I used to teach Property Law and also Law & Bioethics.
If the kidney could be deemed the husband's "property" when it was in his body, then he made a valid gift of it, and it became the "property" of the wife once it was transplanted into her. Another way to look at it is that the husband "abandoned" this piece of property when he gave it to his wife, thus giving up any further right to or reasonable expectation of control over its use or disposition.
While it may be difficult to view body parts as property, that is what a court does when it is looking at issues like who gets to control frozen sperm or frozen embryos, and it would likely do the same in this case, if this issue even gets to court.
- by Maura Flood on Jan 9, 2009 at 12:05 PM | link
I realize anger is justifiable on the husbands part regarding his wife's infideltity, but taking back a kidney seems over kill to me. He should just walk away from her and her problems, keep in touch with the kids as much as possible and get on with his life. Be the bigger person. He obviously loved her at one point. Let her go and move on, without the kidney.
- by Ann Lormand-Koch on Jan 11, 2009 at 8:00 PM | link
OK so i think that the husband is being greedy. I am not an adult but i think this is what the case needs. Adults look into stuff to much. Children/ Teens on the other hand keep it simple. The wife keeps the Kidney (it keeps her alive!) and the husband sucks it up. How could the husband live with himself when he knows that his ex-wife could die because of him. My mom and her first husband got divorced, and when he passed away, she went to the funeral, as sad as everyone else. I believe that even though you got divorced, some part of you still cares for the ex. What happened to being nice? you may even HATE someone but you should still be nice! What if a president hated someone and he decided that he wanted that person to suffer in some way? That isn't right and neither is the husband taking the kidney.
But hey, Thats just my opinion and if anyone is offended by this, I am sorry.
- by banana on Jan 13, 2009 at 5:39 PM | link
I think she should pay. How can you live in somebody donated organ and not appreciate it. Plus she must have collected a lot of child support from her organ donator right now. She can offer it. Regarding “Sniffing panties” If my husband sniffing my panties, I will think that no big deal, because we love each other. My guessing is that she already have someone else, she may think this behavior is disgusting. Poor doctor, I hope he will find a good woman later soon. There are still some good women out there.
- by Alice on Jan 14, 2009 at 12:06 AM | link