Author Topic: New York Man Demands $1.5M From Estranged Wife for Kidney  (Read 2240 times)

Dos Equis

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New York Man Demands $1.5M From Estranged Wife for Kidney
« on: January 08, 2009, 11:08:18 AM »
Poor guy. 

New York Man Demands $1.5M From Estranged Wife for Kidney
Thursday, January 08, 2009

Richard Batista, 49, is suing his wife for $1.5 million or the return of his kidney after she dumped her husband following an alleged affair.
A New York doctor who gave his wife a kidney is suing her for $1.5 million — or the return of the vital organ — after he says she cheated on him with a physical therapist.

Richard Batista, 49, is demanding the sum in the middle of a messy divorce with his now-estranged wife, who suffered kidney ailments for years before the transplant.

The Long Island surgeon said he gave the gift of life to his wife in 2001, but things turned sour just two years later while she was recovering from a karate injury, the New York Post reported.

His wife, 44-year-old Dawnell Batista, had an affair with her physical therapist in 2003, he said. She recovered from the knee injury, but he says her low blow has him all out of joint.

"I saved her life and then to be betrayed like this is unfathomable. It's incomprehensible," he told the Post. "She engaged in an extramarital affair and refused to go to marital counseling and reconciliation."

Two years after the affair began she filed for divorce, and Batista accuses her of trying to limit his access to their three children, ages 8, 11 and 14.

"She slapped me with divorce papers in the operating room while I was trying to save another patient's life," he told the Post.

Divorce attorney Dominic Barbara said this case was a first, and that he arranged for a medical expert to determine his client's kidney's worth.

"This has never been done before in the state of New York," Barbara said.

http://www.foxnews.com/story/0,2933,477485,00.html

Soul Crusher

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Re: New York Man Demands $1.5M From Estranged Wife for Kidney
« Reply #1 on: January 08, 2009, 11:34:20 AM »
Can you really blame the poor bastard for trying????

tonymctones

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Re: New York Man Demands $1.5M From Estranged Wife for Kidney
« Reply #2 on: January 08, 2009, 12:49:51 PM »
Can you really blame the poor bastard for trying????
it is fuked up unfortunately he wont get shit.

Butterbean

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Re: New York Man Demands $1.5M From Estranged Wife for Kidney
« Reply #3 on: January 08, 2009, 01:25:42 PM »
He sounds like he'd be a great doctor!  ::)
R

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Re: New York Man Demands $1.5M From Estranged Wife for Kidney
« Reply #4 on: January 08, 2009, 01:26:25 PM »
I can't see how he is going to get much here, but what an ungrateful bitch!

tonymctones

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Re: New York Man Demands $1.5M From Estranged Wife for Kidney
« Reply #5 on: January 08, 2009, 01:33:40 PM »
whats even worse is she has custody from what i gain from the article and he probably has to pay child support. Im not saying he shouldnt but damn man he gets cheated on and has to pay her  ??? I know we dont exactly know the whole situation but again THIS IS WHY PPL GO POSTAL

Butterbean

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Re: New York Man Demands $1.5M From Estranged Wife for Kidney
« Reply #6 on: January 08, 2009, 01:42:12 PM »
whats even worse is she has custody from what i gain from the article and he probably has to pay child support. Im not saying he shouldnt but damn man he gets cheated on and has to pay her  ??? I know we dont exactly know the whole situation but again THIS IS WHY PPL GO POSTAL
Initially I didn't read the article Beach posted.  I figured it was the same one I posted on the Open Talk board. 

Even if she did cheat, for him to demand the kidney back (or it's determined worth) is pretty weird coming from a doctor (who is supposed to be in the business of saving lives) imo.  Although now knowing that she cheated on him his anger is more understandable. 

This article indicates it's illegal om the US to exchange an organ for anything of value.



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

BY CHAU LAM and AND RIDGELY OCHS | chau.lam@newsday.com ridgely.ochs@newsday.com
    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.


 
R

tonymctones

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Re: New York Man Demands $1.5M From Estranged Wife for Kidney
« Reply #7 on: January 08, 2009, 01:48:55 PM »
Initially I didn't read the article Beach posted.  I figured it was the same one I posted on the Open Talk board. 

Even if she did cheat, for him to demand the kidney back (or it's determined worth) is pretty weird coming from a doctor (who is supposed to be in the business of saving lives) imo.  This article indicates it's illegal om the US to exchange an organ for anything of value.



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

BY CHAU LAM and AND RIDGELY OCHS | chau.lam@newsday.com ridgely.ochs@newsday.com
    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.
very good point about the organs for money, i didnt even think about that...again this kind of thing happens all the time LOL not necissarily with organs but gifts in general, jewelry, cars, etc...They are gifts and are not contracts meaning he really has no right to it after he gives it to her.

Although this is probably a way of dragging her through heck and back he probably does pretty well for himself and she probably was a stay at home mom and a drawn out legal battle is going to hurt her more in defense then it will him in prosecution fees if i had to guess.

tonymctones

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Re: New York Man Demands $1.5M From Estranged Wife for Kidney
« Reply #8 on: January 08, 2009, 01:49:39 PM »
stella its good to see you on this board you should post more on here  :D

Megalodon

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Re: New York Man Demands $1.5M From Estranged Wife for Kidney
« Reply #9 on: January 08, 2009, 01:50:48 PM »
Choose your women VERY wisely.

OzmO

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Re: New York Man Demands $1.5M From Estranged Wife for Kidney
« Reply #10 on: January 08, 2009, 01:51:20 PM »
Poor guy. 

New York Man Demands $1.5M From Estranged Wife for Kidney
Thursday, January 08, 2009

Richard Batista, 49, is suing his wife for $1.5 million or the return of his kidney after she dumped her husband following an alleged affair.
A New York doctor who gave his wife a kidney is suing her for $1.5 million — or the return of the vital organ — after he says she cheated on him with a physical therapist.

Richard Batista, 49, is demanding the sum in the middle of a messy divorce with his now-estranged wife, who suffered kidney ailments for years before the transplant.

The Long Island surgeon said he gave the gift of life to his wife in 2001, but things turned sour just two years later while she was recovering from a karate injury, the New York Post reported.

His wife, 44-year-old Dawnell Batista, had an affair with her physical therapist in 2003, he said. She recovered from the knee injury, but he says her low blow has him all out of joint.

"I saved her life and then to be betrayed like this is unfathomable. It's incomprehensible," he told the Post. "She engaged in an extramarital affair and refused to go to marital counseling and reconciliation."

Two years after the affair began she filed for divorce, and Batista accuses her of trying to limit his access to their three children, ages 8, 11 and 14.

"She slapped me with divorce papers in the operating room while I was trying to save another patient's life," he told the Post.

Divorce attorney Dominic Barbara said this case was a first, and that he arranged for a medical expert to determine his client's kidney's worth.

"This has never been done before in the state of New York," Barbara said.

http://www.foxnews.com/story/0,2933,477485,00.html


Is his name really John Locke? 

Dos Equis

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Re: New York Man Demands $1.5M From Estranged Wife for Kidney
« Reply #11 on: January 08, 2009, 01:59:47 PM »

Is his name really John Locke? 

lol.   ;D  Just finishing up season 4 on DVD. 

IFBBwannaB

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Re: New York Man Demands $1.5M From Estranged Wife for Kidney
« Reply #12 on: January 08, 2009, 02:10:36 PM »
He should sue for this kidney back....and win!  ;D :D

Dos Equis

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Re: New York Man Demands $1.5M From Estranged Wife for Kidney
« Reply #13 on: January 08, 2009, 02:11:41 PM »
I don't know....there is an "ex" couple in our town that the woman (stay at home mom at times and also had gift shop business later that her husband subsidized) and she apparently admitted to having 3 affairs.  Initially he offered her 9 million plus one of their other "homes" in the divorce and she turned it down!   She later got more...and she was the one that was cheating!  Weird.


Crazy world. 

tonymctones

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Re: New York Man Demands $1.5M From Estranged Wife for Kidney
« Reply #14 on: January 08, 2009, 02:13:21 PM »
I don't know....there is an "ex" couple in our town that the woman (stay at home mom at times and also had gift shop business later that her husband subsidized) and she apparently admitted to having 3 affairs.  Initially he offered her 9 million plus one of their other "homes" in the divorce and she turned it down!   She later got more...and she was the one that was cheating!  Weird.

LOL again THIS IS WHY PPL GO POSTAL  ;D i dont know their situation but there is no excuse for infidelity not one. She should have gotten bubkis and thrown out on her ass.

Soul Crusher

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Re: New York Man Demands $1.5M From Estranged Wife for Kidney
« Reply #15 on: January 08, 2009, 02:14:19 PM »
whats even worse is she has custody from what i gain from the article and he probably has to pay child support. Im not saying he shouldnt but damn man he gets cheated on and has to pay her  ??? I know we dont exactly know the whole situation but again THIS IS WHY PPL GO POSTAL

This is why men dont want to get married anymore.

Hereford

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Re: New York Man Demands $1.5M From Estranged Wife for Kidney
« Reply #16 on: January 08, 2009, 03:12:47 PM »
I can't see how he is going to get much here, but what an ungrateful bitch!

No shit.

Bitch cheated on him after he literally gave life to her.

Wow....

Option D

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Re: New York Man Demands $1.5M From Estranged Wife for Kidney
« Reply #17 on: January 08, 2009, 03:15:18 PM »
that fuckin bitch...she is a selfish whore...this makes me sick to the stomach. He saves her life and she repays him by fuckin the trainer...he should get his kidney and the trainer should give her his...

Soul Crusher

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Re: New York Man Demands $1.5M From Estranged Wife for Kidney
« Reply #18 on: January 08, 2009, 04:18:26 PM »
that fuckin bitch...she is a selfish whore...this makes me sick to the stomach. He saves her life and she repays him by fuckin the trainer...he should get his kidney and the trainer should give her his...

This woman is pure evil. 

24KT

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Re: New York Man Demands $1.5M From Estranged Wife for Kidney
« Reply #19 on: January 09, 2009, 02:10:42 AM »
Not taking sides, ...but one has to stop and wonder what life must have been like with a man who could even think of demanding his kidney back. Then too, one also has to wonder what kind of a woman would slap a surgeon with divorce papers while in the middle of surgery. Something tells me they might be two of a kind.

One thing is for sure, the biggest winners in an acrimonious divorce... the lawyers!  :'(
w

IFBBwannaB

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Re: New York Man Demands $1.5M From Estranged Wife for Kidney
« Reply #20 on: January 09, 2009, 02:16:57 AM »
Not taking sides, ...but one has to stop and wonder what life must have been like with a man who could even think of demanding his kidney back.


How about imagining how was life with a man who GAVE one of his fatal organs?

Damn...you are so biased...if that couple was a black woman and white male you would be asking for him to give her his liver too ah?
You have no credibility b@itch.

windsor88

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Re: New York Man Demands $1.5M From Estranged Wife for Kidney
« Reply #21 on: January 09, 2009, 02:20:26 AM »
nice looking


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Re: New York Man Demands $1.5M From Estranged Wife for Kidney
« Reply #22 on: January 09, 2009, 07:29:21 AM »

How about imagining how was life with a man who GAVE one of his fatal organs?

Damn...you are so biased...if that couple was a black woman and white male you would be asking for him to give her his liver too ah?
You have no credibility b@itch.

really. you are a bitter little fuck arent you. you turn everything to race. calm yo punk ass down

IFBBwannaB

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Re: New York Man Demands $1.5M From Estranged Wife for Kidney
« Reply #23 on: January 09, 2009, 08:39:38 AM »
really. you are a bitter little fuck arent you. you turn everything to race. calm yo punk ass down

She is a blind feminist black panther b@itch, I didn't made her into one.