Posted on 09/04/2009 3:47:08 AM PDT by kingattax
A New York surgeon who donated a kidney to his wife has gone to court to get it back after they split up.
Dr Richard Batista, 49, gave up the organ eight years ago when his wife Dawnell fell ill, reports the Daily Telegraph.
But he claims she repaid his kindness by having an affair before filing for divorce, and is demanding compensation for risking his life.
"There's no deeper pain you can ever express than to be betrayed by the person you devoted your life to," he told reporters.
His lawyer Dominic Barbara said he wanted $1.5 million in compensation for the kidney as part of a matrimonial break-up which has dragged on for three years.
"In theory we are asking for the return of the kidney. Of course, he wouldn't really ask for that, but the value of it. This has never been done before in the State of New York," said Mr Barbara.
Dr Batista volunteered to donate his kidney after he was found to be a suitable match.
"She was my wife. My first priority was to save her life and future of our children and hopefully with that in mind keep the marriage alive. To this day I would still do it again," he said.
His wife survived but their relationship did not and the doctor claimed his wife had an affair before filing for divorce in 2005. Mrs Batista's lawyer has made no comment.
Legal experts said the case was unlikely to succeed because donating an organ is considered a gift and cannot be bought or sold.
this was reported back around a year ago..
Can women be selfish cads? Naahhhh - can’t happen!
So because this man is angry at his philandering ex wife, he is suing her for the equivalent of the value of the kidney he donated. Now he couldn’t embrace the fact that he did a gracious act for another human being, he has to sully it with vengeance, making the whole thing incredibly sordid.Shame on these lawyers for giving credence to things like this.
One should think long and hard and PRAY before marrying ANYONE.
Is this the same attorney representing the widower of the woman who killed her herself, her daughter, three nieces and three other people in the horrific “wrong-way” driving incident? Autopsy & toxicology show she was drunk and high on pot that Sunday afternoon when she drove 2 miles in the wrong direction on the Taconic Parkway with a van full of children before the head-on crash. Husband insists autopsy was wrong and has hired a Dominick Barbara in his mission to “clear” his wife’s name and probably more importantly deflect all the upcoming lawsuits.
I could see one high profile case of dubious merit, but two? Says a lot about the attorney.
Could the husband be found liable for his wife’s behavior or would just her inheritance be affected;....he’d better get an accounting of what was truly his as opposed to hers and hide his quick?
>>>Is this the same attorney representing the widower of the woman who killed her herself, her daughter, three nieces and three other people in the horrific “wrong-way†driving incident? <<<
Yep, he’s the guy. He has also represented Jessica Hahn and Joey Buttafucco. He is sort of the legal go to guy for low-life morons on Long Island.
yeah its shameful that he’s bitter about his wife’s adultery
Doctor doctor, don’t be an indian giver. What your wife did to you and your children is awful but your actions are making you look even worse. She is still the mother of your children and they need her in their lives.
Just still to the house, car, and the time shares in Florida for the lawyers to argue about. The hippocratic oath has no room for indian givers.
Got that right. I ain’t never getting married.
Very sound advice.
I want the furniture, the big screen tv, and your kidney! This guy has gone off the deep end.
Your right on that one, also applies to sex without marriage. Leads to 18 years being tied to a person you don’t like if there is a child involved..
I agree with you.
Neither party is particularly appealing b/c of this.
Didn’t he know when you give away a piece of yourself, you never get it back?
I understand he is bitter, but to sue his wife for the monetary value of the kidney he donated strikes me as uncouth.
You have yet to say anything derogatory about his deceitful, cheating ex-wife.
I haven’t said anything about the adulterous wife because the story is about suing for a donated kidney. That she is adulterous is sinful, no question about that. She will answer to God for that one day unless she repents. For him to exact vengeance in this particular way is vulgar, actually, since it is putting a price on human life. I think what made it more uncomfortable to me was that he is medical doctor . Anyhow, the bottom line is that both he and his wife are not very nice people, and their actions display it.
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