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Author Topic: Husband in divorce case wants wife's kidney back--or $1.5M  (Read 8430 times)
okarol
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« on: January 07, 2009, 01:48:54 PM »

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 RIDGELY OCHS

chau.lam@newsday.com ridgely.ochs@newsday.com

2:33 PM EST, January 7, 2009

When his wife needed a kidney transplant, Dr. Richard Batista gave her one of his, attorney Dominic Barbara said.

Now that Dawnell Batista has filed for a divorce, Richard Batista wants his kidney back as part of his settlement demand. Or, Barbara said Wednesday, his client wants the value of that kidney: An estimated $1.5 million.

The case is being heard in Supreme Court in Mineola.

-Click here to see photos of Dr. Richard and Dawnell Batista

Barbara said his client, a 49-year-old doctor from Ronkonkoma who graduated Cornell University Medical School in 1995, married Dawnell Batista on Aug. 31, 1990. The couple had three children, now ages 14, 11 and 8.

After she had two failed transplants, Barbara said, his client donated a kidney to his wife in an operation that took place at the University of Minnesota Medical Center on June 18, 2001.

Richard Batista said his marriage at the time was on the rocks because of the strain of his wife's medical issues.

"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."

Dawnell Batista, 44, of Massapequa, filed for divorce in July 2005, Barbara said.

Neither she nor her attorney, Douglas Rothkopf, of Garden City, could immediately be reached for comment. A receptionist at Rothkopf's office said he was in court.

Medical ethicists agreed that the case is a nonstarter. Asked how likely it would be for the doctor to either get his kidney back or get money for it, Arthur Caplan at the University of Pennsylvania's Center for Bioethics, put it as "somewhere between impossible and completely impossible."

First and foremost, said Robert Veatch, a medical ethicist at Georgetown University's Kennedy Institute of Ethics, "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.

Nor can you assign a subsequent monetary value to an organ, Caplan said. "There's nothing later [you can get] in terms of compensation if you regret your gift," he said.

What's more, no reputable surgeon would perform such a transplant and no court could compel a person to undergo an operation, he said.

Staff writer John Valenti contributed to this story.

http://www.newsday.com/iphone/ny-likidn0108,0,4282450.story?track=rss
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Admin for IHateDialysis 2008 - 2014, retired.
Jenna is our daughter, bad bladder damaged her kidneys.
Was on in-center hemodialysis 2003-2007.
7 yr transplant lost due to rejection.
She did PD Sept. 2013 - July 2017
Found a swap living donor using social media, friends, family.
New kidney in a paired donation swap July 26, 2017.
Her story ---> https://www.facebook.com/WantedKidneyDonor
Please watch her video: http://youtu.be/D9ZuVJ_s80Y
Living Donors Rock! http://www.livingdonorsonline.org -
News video: http://www.youtube.com/watch?v=J-7KvgQDWpU
kitkatz
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« Reply #1 on: January 07, 2009, 06:23:49 PM »
Asshole! It was a gift!   :Kit n Stik; :Kit n Stik;
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MIbarra
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« Reply #2 on: January 07, 2009, 06:40:14 PM »
What a jerk!
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okarol
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« Reply #3 on: January 07, 2009, 06:47:09 PM »

I just read this again. She stood buy him his last FIVE years of med school, gave him 3 children, all while her health was probably going downhill.
It was in his best interests to donate a kidney - not just for her benefit - to improve the life of his family.
He sounds like a real piece of work!
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Admin for IHateDialysis 2008 - 2014, retired.
Jenna is our daughter, bad bladder damaged her kidneys.
Was on in-center hemodialysis 2003-2007.
7 yr transplant lost due to rejection.
She did PD Sept. 2013 - July 2017
Found a swap living donor using social media, friends, family.
New kidney in a paired donation swap July 26, 2017.
Her story ---> https://www.facebook.com/WantedKidneyDonor
Please watch her video: http://youtu.be/D9ZuVJ_s80Y
Living Donors Rock! http://www.livingdonorsonline.org -
News video: http://www.youtube.com/watch?v=J-7KvgQDWpU
pelagia
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« Reply #4 on: January 07, 2009, 07:15:16 PM »
New York, Long Island to be specific.  Need I say anymore!?
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Jill D.
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« Reply #5 on: January 07, 2009, 07:18:05 PM »
I agree - what a piece of work! I can only imagine what his wife has had to put up with all these years....
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Diagnosed with FSGS in1990.
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RichardMEL
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« Reply #6 on: January 07, 2009, 11:55:29 PM »
The mind boggles....

some people!!
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3/1993: Diagnosed with Kidney Failure (FSGS)
25/7/2006: Started hemo 3x/week 5 hour sessions :(
27/11/2010: Cadaveric kidney transplant from my wonderful donor!!! "Danny" currently settling in and working better every day!!! :)

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« Reply #7 on: January 08, 2009, 12:07:38 AM »
:Kit n Stik; :Kit n Stik; :Kit n Stik; :Kit n Stik;
What a dick!
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circleNthedrain
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« Reply #8 on: January 08, 2009, 12:42:34 AM »
about those Secret Santa gifts.........
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1979 Diagnosed with kidney failure
1979 Right arm fistula
1979 Start hemodialysis
1980 CAPD catheter
1980 Start CAPD
1989 Cadaveric kidney transplant
1995 2nd cadaveric  kidney transplant
2007 Start hemodialysis
2010 Still drawin' wind
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« Reply #9 on: January 08, 2009, 07:19:20 AM »
He's the loser, now we know why his wife cheated. I don't blame her.
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okarol
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« Reply #10 on: January 08, 2009, 10:47:44 AM »

Here's the husband speaking http://cosmos.bcst.yahoo.com/up/player/popup/index.php?cl=11444512
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Admin for IHateDialysis 2008 - 2014, retired.
Jenna is our daughter, bad bladder damaged her kidneys.
Was on in-center hemodialysis 2003-2007.
7 yr transplant lost due to rejection.
She did PD Sept. 2013 - July 2017
Found a swap living donor using social media, friends, family.
New kidney in a paired donation swap July 26, 2017.
Her story ---> https://www.facebook.com/WantedKidneyDonor
Please watch her video: http://youtu.be/D9ZuVJ_s80Y
Living Donors Rock! http://www.livingdonorsonline.org -
News video: http://www.youtube.com/watch?v=J-7KvgQDWpU
MandaMe1986
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« Reply #11 on: January 08, 2009, 11:04:09 AM »
Wow, what in the wold is he planing on doing with it after he gets it back? Not that he can, but its not like anyone would  put it back inside of him.  People are so stupid, I can't get over that.. just wow
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peleroja
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« Reply #12 on: January 08, 2009, 12:05:32 PM »
I'm a little confused.  Isn't it illegal to sell a kidney in the US, and if he demands the kidney back or $1.5 million, isn't that tantamount to selling the kidney?  Inquiring minds wanna know!
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MandaMe1986
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« Reply #13 on: January 08, 2009, 12:12:04 PM »
That is what I am saying. I don't understand why he wants it back. Dose he hate his ex wife that much that he would rather give away his kidney to a stranger then the mother of his children?  And if he is upset because of how hard the relationship got with her being sick, what kind of husband dose that make him?  This really gets under my skin.   >:(
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Blessed are the poor in spirit, for theres is the kingdom of heaven.
Blessed are they who mourn, for they will be comforted.
Blessed are the meek, for they will inherit the land.
Blessed are they whohunger and thirst for righteousness, for theywill be satisfied.
Blessed are the merciful, for they will be shown mercy.
Blessed are the clean of heart, for they will see God.
Blessed are the peacemakers, for they will be called children of God.

Matthew 5:3-9
RightSide
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« Reply #14 on: January 08, 2009, 12:48:55 PM »
Based on this news, I would not want to have this surgeon perform surgery on me.

Rule of thumb:  Your surgeon should not have more emotional problems than the patient does.
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Ang
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« Reply #15 on: January 08, 2009, 02:49:04 PM »
did  he  really  love  her  at  all
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MandaMe1986
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« Reply #16 on: January 08, 2009, 02:54:49 PM »
Quote from: Ang on January 08, 2009, 02:49:04 PM
did  he  really  love  her  at  all

That is what I want to know.  I know how  hard it is.  But come on, what kind of love is that?  And parent, why in the world would you want your children to lose a mother, because you can't be with her anymore.  I just don't get it.
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Blessed are the poor in spirit, for theres is the kingdom of heaven.
Blessed are they who mourn, for they will be comforted.
Blessed are the meek, for they will inherit the land.
Blessed are they whohunger and thirst for righteousness, for theywill be satisfied.
Blessed are the merciful, for they will be shown mercy.
Blessed are the clean of heart, for they will see God.
Blessed are the peacemakers, for they will be called children of God.

Matthew 5:3-9
kidney4traci
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« Reply #17 on: January 08, 2009, 03:04:34 PM »
No love lost there - here wins the biggest loser award in my book!
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« Reply #18 on: January 08, 2009, 06:19:29 PM »
Quote from: okarol on January 08, 2009, 10:47:44 AM

Here's the husband speaking http://cosmos.bcst.yahoo.com/up/player/popup/index.php?cl=11444512

He needs to get over himself.
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Diagnosed with FSGS in1990.
Started hemodialysis in April 2006.
Received a new kidney from my sister on Dec. 5, 2006.
Transplant rejection in March, 2009
Approved for second transplant in May 2009
Sister-in-law approved as donor in Dec 2009
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« Reply #19 on: January 08, 2009, 06:21:39 PM »
He's so angry he's lost sight of all ability to reason. 
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Pyelonephritis (began at 8 mos old)
Home haemo 1980-1985 (self-cannulated with 15 gauge sharps)
Cadaveric transplant 1985
New upper-arm fistula April 2008
Uldall-Cook catheter inserted May 2008
Haemo-dialysis, self care unit June 2008
(2 1/2 hours X 5 weekly)
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okarol
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« Reply #20 on: January 12, 2009, 12:06:31 PM »

I heard a news anchorman say: It's like Adam telling Eve, 'I want the rib back!'
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Admin for IHateDialysis 2008 - 2014, retired.
Jenna is our daughter, bad bladder damaged her kidneys.
Was on in-center hemodialysis 2003-2007.
7 yr transplant lost due to rejection.
She did PD Sept. 2013 - July 2017
Found a swap living donor using social media, friends, family.
New kidney in a paired donation swap July 26, 2017.
Her story ---> https://www.facebook.com/WantedKidneyDonor
Please watch her video: http://youtu.be/D9ZuVJ_s80Y
Living Donors Rock! http://www.livingdonorsonline.org -
News video: http://www.youtube.com/watch?v=J-7KvgQDWpU
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« Reply #21 on: January 13, 2009, 01:04:46 AM »
This just boggles my mind.  My brain just doesn't go to places like that.  It's just totally incomprehensible to me.  First of all, I don't believe any court in the country would even hear such a case and shame on the lawyer who's allowing him to file it in the first place but I'd almost be tempted to give the damn thing back to him (I'd never even consider giving him a dime!).  And then let anyhone and everyone know that he put the mother of his children back on dialysis.  What a gem.    :sarcasm;
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« Reply #22 on: January 13, 2009, 04:02:38 AM »
why isn't he asking for his sperm back ???  or was there any ??? :o
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« Reply #23 on: January 13, 2009, 04:28:22 AM »
Quote from: twirl on January 13, 2009, 04:02:38 AM
why isn't he asking for his sperm back ???  or was there any ??? :o


 :rofl; :rofl; :rofl; :rofl; :rofl;
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Diabetes -  age 7

Neuropathy in legs age 10

Eye impairments and blindness in one eye began in 95, major one during visit to the Indy 500 race of that year
   -glaucoma and surgery for that
     -cataract surgery twice on same eye (2000 - 2002). another one growing in good eye
     - vitrectomy in good eye post tx November 2003, totally blind for 4 months due to complications with meds and infection

Diagnosed with ESRD June 29, 1999
1st Dialysis - July 4, 1999
Last Dialysis - December 2, 2000

Kidney and Pancreas Transplant - December 3, 2000

Cataract Surgery on good eye - June 24, 2009
Knee Surgery 2010
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« Reply #24 on: January 13, 2009, 05:38:59 AM »
Quote from: twirl on January 13, 2009, 04:02:38 AM
why isn't he asking for his sperm back ???  or was there any ??? :o

 :rofl;  Good point Twirl-Girl.  Only HE thinks she owes him for that pleasure too!    :rofl;
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