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NY man demands estranged wife pay him for kidney

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A Long Island surgeon embroiled in a nearly four-year divorce proceeding wants his estranged wife to return the kidney he donated to her, although he says he'll settle for $1.5 million in compensation.

Dr. Richard Batista, a surgeon at Nassau University Medical Center, told reporters at his lawyer's Long Island office Wednesday that he decided to go public with his demand for kidney compensation because he has grown frustrated with the negotiations with his estranged wife.

He claimed he has been prevented from seeing their children, ages, 8, 11 and 14, for months at a time.

"This is my last resort; I did not want to do this publicly," Batista said.

He said he gave his kidney to Dawnell Batista, now 44, in June 2001. She filed for divorce in July 2005, although he claims she began having an extramarital affair 18 months to two years after receiving the kidney transplant, his attorney, Dominick Barbara said.

Douglas Rothkopf, the attorney representing Dawnell Batista, did not return telephone calls seeking comment.

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Comments (33)

no you cannot have your kin... (Below threshold)
red:

no you cannot have your kindney back, when you donated it you were worried and obviously in love with your wife, so now you want it back because you are divorced. I say no way!

Should be treated in exactl... (Below threshold)
Mid-west:

Should be treated in exactly the same was as an expensive gift given during the relationship. If he had given her a vacation home, would the settlement be affected by it? If so, the judge should put a price on the kidney and treat it the same way.

A kidney donation is not th... (Below threshold)
Sam I Am:

A kidney donation is not the same as a vacation home. He DONATED it... you can't go to a blood bank and demand your blood back after the you've given it away.
I could understand if they couple was engaged and broke up and he was asking for his engagement ring back. That is considered a gift that comes along with a promise to marry. The court would grant the ring be given back.
But a human organ? I don't see how the judge would be able to look at this man with a straight face.
If you thought he was going to get dumped, he shouldn't have given his kidney.
Lesson Learned -- Don't give your spouses anything you can never get back. Or that you would ever want back.
Especially your organs.


P.s. If I were him, why would I want the kidney back?! It's been in her body while she supposedly cheated. . .

I think you should be glad ... (Below threshold)
Judi:

I think you should be glad your kids will have a mother because of your donated kidney. After all, the kids are the most important part of this situation.

Ok, lets give him back his ... (Below threshold)
Carol:

Ok, lets give him back his kidney....then we can arrest him for murder since the wife would now likely die. Sounds like justice to me.

Selfish &*(#$&*( I totally agree that he should think of what the woman's death would do to his children.....and what this publicity is likely doing to them.

On the other hand, shame on her for keeping his kids away (unless he's like this all the time in which case it's probably in their best interest). Sounds to me though it's like a typical divorce between bitter selfish people.....think only about themselves and not about the effect their behavior is having on others, especially their children.

I would be happy to see my ex gone from this world, but I keep those thoughts to myself and make smiley when the kids are around....he sees them whenever their schedules permit, live with me as much because I'm the mom as because Dad's job travels too much. We both dispise each other for how our marriage ended, but we are happy happy for the kids. They often ask one of us why we divorced because they don't see the hate. My tongue has scars from biting it.

THAT is how people should divorce.....let the kids have a childhood without the bitterness of their parents divorce. Best would be with two parents who love each other living together, but if that's not possible at least don't let your kid grow up seeing hatred from you. It's what they'll learn.

Oh please. Read between th... (Below threshold)
TanyaLakeland:

Oh please. Read between the lines.

He is a surgen for crying out loud, he knows good and well that it is illegal to buy and/or sell human organs in the USA. In making this so called demand he is asking for something illegal to take place THROUGH the justice system. I seriously doubt that.

The real story here? Hurt and angry man wants the world to know that he gave this woman whom he loved his KIDNEY to keep her alive and she repays him by cheating and keeping his kids from him. This is nothing more than the mud slinging that takes place in your typical ugly divorce.

P.S. sorry for my spelling ... (Below threshold)
TanyaLakeland:

P.S. sorry for my spelling errors above...I forgot to proof read before I submitted.

HELL NO, SHE WAS MESSING AR... (Below threshold)
NOPAIN:

HELL NO, SHE WAS MESSING AROUND B4 HE GAVE IT TO HER, AND AS SOON AS HE DOES , SHE LEAVES HIM BY THE NEXT MONTH, AS SOON AS SHE CAN GO HAVE SEX AGAIN, LOL, THATS BULL , SHOOT SHE S LUCKY HE, IS NOT A SICKO, THAT WOULD GO CUT IT OUT OF HER HIM SELF, LOL

Oh, for crying out loud! G... (Below threshold)
Liv&LetLiv:

Oh, for crying out loud! Give me a break. This guy is just trying to retaliate because she divorced him.

Dude, get over it and move on. Stop acting like spoiled child and thank God your children still have their mother!

both the doctor and the att... (Below threshold)
molly rambo:

both the doctor and the attorney are morons and idiots, the justice system will not allow the illegal act of selling an organ, apparently neither one of them cares about their reputations by acting this way, WHO IN THE WORLD WOULD ALLOW THIS MAN TO PERFORM SURGERY ON THEM OR HIS ATTORNEY TO REPRESENT THEM, AND IF THEY DID THEY WOULD BE FOOLS THE BEHAVIOR BY BOTH OF THESE MEN ARE THE ACTS OF FOOLISH DESPARATE MEN, UNBELIEVEABLE

What a dumbs@#t! Your kids... (Below threshold)
Dalene:

What a dumbs@#t! Your kids will really love you now! He may not have seen much of his kids before, but now what does he think will happen after this? Oh, daddy, we love you so much for being bitter any trying to kill mommy! Like I said, dumbs#@t!

Yes, he should be paid for ... (Below threshold)
Karen:

Yes, he should be paid for his kidney! He risked his life and probably also shortened it because he loved his wife and wanted her to have a healthy life. What does she do once she gets well? She demands a divorce and leaves him for someone else. What a slap in the face. Would he have gone though surgery himself to save her if she had told him, Oh, by the way, I just want to have this done so I can dump you? No, he wouldn't have, and neither would anyone else in their right mind!

I think some people are mis... (Below threshold)
TempleOne[TypeKey Profile Page]:

I think some people are missing the point. At first I thought he was a petty person using our court system to exact revenge against his wife. Then, I thought about it.

Cheating is such a slap in the face of your partner. To cheat on someone who helped to give you life, is akin to spitting in their face. The act of suing her is symbolic.

His children are his life. She won't let this man see his children. Just as removing the kidney will end hers; not being a part of his childrens' life is like ending his own.

Not to mention, it makes her look like a complete ungrateful shrew. How could you cheat on a man who did so much for you?

If she wants to play dirty, he'll raise her dirty by ten. He's showing her just how dirty he can fight as well.

This man is allowed to be vengeful. He helped to improve her standard of life.
I bet her free-time to cheat would be drastically reduced if she had to be hooked to a dialysis machine three times a week. The latter would be a reality for her, had it not been for her husband's kidney.

Everyone is so quick to label this man in a negative light. But, let's look at it from his point-of-view.

Couldn't have put it better... (Below threshold)
joe:

Couldn't have put it better myself, TempleOne. And you women can't figure out why men won't commit? The only two reasons for anyone to get married that I can see are:
1) to guarantee a steady supply of sex
2) to make legitimate kids.

unless she's rich,, then there's three reasons

Does not matter he donated ... (Below threshold)
jojobo1:

Does not matter he donated his kidney with no strings attached.As someone has said you cannot sell organs.Ever think there is a reason and a valid one why he does not see his children.Have any of you read of the stress a surgeon is under and how he or she handles it, Many don't handle it well and take it out on family.I know at one time my grandson would scream,kick and run and try to hide when his father came to pick him up.So may these children do not want to see their father at this time.

This guy is a Long Island S... (Below threshold)
Peg Ferry:

This guy is a Long Island Surgeon and he is bleeding his wife over a donated kidney? What he needs is a shrink.

I see this as a sad situ... (Below threshold)
Bobbi Sue:

I see this as a sad situation and afraid the kids will come out the losers.... Wake up Dad.... you can't get it back so be a man and leave your former wife to be the cat she obviously is.... Looks like you are better off without her.. and the kidney.. You may want to visit the courts again to gain full rights to the kids...

Find a new life with a new ... (Below threshold)
Eric Moore:

Find a new life with a new women and leave her and the kids to fend for themselves during this recession. Yes you love your kids but you will never get to be a father with a selfish mother keeping you from her. Find your own life with another women and drop all contact with her and your children, you will be happier and hurt her more than taking back the kidney. Fathers are crucifed no matter what in this modern world that don't appreciate our role, so enjoy your life

This is a human life we're ... (Below threshold)
ChildOfTheGraveyard:

This is a human life we're talking about here! This woman did not commit murder. She does not deserve to die, because she didn't commit any crime. I'm sure if it was the husband who had cheated and the wife who had given the kidney everyone would just laugh at the wifes demand for the kidney or compensation.

Are you all that blind! He... (Below threshold)
Reggie:

Are you all that blind! He doesn't want his kidney back! He is getting a divorce! His wife is taking him to the cleaners! Plus she won't allow him to see his children! He wants to keep some of his money, and see his children regularly!! Shouldn't he be able to considering she cheated on him? Had he cheated, she would have gotten about 60-70 percent of everything no questions asked!! Been there done that! Get a clue people!!

i like the comment on the b... (Below threshold)
wowcanyoupeoplebeanydumber:

i like the comment on the bottom, if this case was him asking for a divorce after doing that shit, the woman would get so much from him. so take a f@#(ing look at what is going and think for a second, all he wants is compensation for something he gave to his wife not as a gift but as a method to have a longer happier life with her, his being so caring warrants him getting compensation after getting screwed over

he should get some type com... (Below threshold)
bjn:

he should get some type compensation there was case in new york where a women cheated on her husband and she got pregent the thought was his and it was it he had to pay child support

if he gets his kidney back ... (Below threshold)
me:

if he gets his kidney back i hope he doesn't want to regift it...

In the first place, You sho... (Below threshold)
king jabords:

In the first place, You should had a memorandom of agreement w/ her that in case of divorce, she should compensate you for the kidney.

hilarious. haha... (Below threshold)
alex grimsley:

hilarious. haha

well well well.... got marr... (Below threshold)
dane:

well well well.... got married thinking it'll be happily ever after... wife got sick need kidney and he donated it to her then marriage didn't work and she started screwing him and he wants his kidney back because he thinks she's ungrateful. and he's reason is that she wouldn't let him see the kids?
Oh man both of this people are morons. if you give something never expect to get paid or never take it back. and if you love your kids just because your wife screwed you and you hated it, it doesn't mean you have the right to ruin their life.
do you think your kids would be happy if you'll hurt their mom? think beyond hatred, learn to move on and let go.
as for the wife, your kids are also his kids. why can't you just accept the fact that he's their father and if he's supporting his kids, he has every right to see them.
both this people are selfish... they should settle their differences without hurting and dragging the kids in it.
my parents are seperated yet we never experienced this things.

This man gave the ultimate ... (Below threshold)
jay:

This man gave the ultimate gift to his cheating, lying slut wife. He could have died during this operation and could still suffer serious ailments in the coming year. Hell yes, she should have to pay for his kidney. To be on a waiting list takes years. Many people dying would pay more to get a kidney. I'm just sorry he wasted it on her.

first we don't know why she... (Below threshold)
kathy:

first we don't know why she wanted a divorce. He may have been a real jerk. We don't know why she is keeping the kids away. Perhaps he has a horrible temper and feared for the kids. The story here is incomplete. We just do not have the details of all the whys and wherefores. He is looking for sympathy in court and public. Wrong way to do it I fear.
The man is a jerk pure and simple. He knows the laws and his lawyer should have advised him this was a stupid move. I don't care what you gave the woman sir, it was a gift pure and simple. He being a surgeon probably makes mega bucks and doesn't want to part with his money especially to a woman who cheated. Just remember he gave her the kidney in 2001 and she asked for divorce in 2005, lots can go wrong in a marriage during that time. Did he feel as if he owned her once he gave her that kidney? So many unanswered questions. He doesn't get my sympathy on this situation just a tage of JERK. could thing of better discriptives but that will do. You get the idea>>>>

The depths to which human d... (Below threshold)
deadbolt1:

The depths to which human depravity will go is amazing. I do not know who is more disgusting: him for wanting his kidney or money for it, her for cheating on him after such a selfless (?) gift, or the media for printing this rubbish.

Ok so the wife cheated on t... (Below threshold)
kris:

Ok so the wife cheated on the husband. Like someone said before, we don't have the full story. The bottom line is, the kids will make their own opinions of both parents for what they've done and/or are doing. She shouldn't have cheated--that is low. But I certainly wouldn't want him to be my doctor after him saying he wants his kidney back. He's just a nut case and needs to get his priority's straight. I think his going public with this story just makes him (as a Dr/Surgeon) look like a money grubbin IDIOT!!!!! Again, keep him away from anyone in my family--ya never know when he'd wanna take revenge on anyone.

This is just pathetic. Man,... (Below threshold)
RB:

This is just pathetic. Man, you need to get a life.

You donated your kidney to your wife as a loving husband should, if capable to do so. The wife did wrong by leaving as soon as she got well. You might be able to request partial medical expenses for the kidney transplant (if your lucky) but not get the kidney back or demand money for the kidney.

Now as for the kids...Since you have went publically about this. The kids are more than likely getting teased, called names because of your stupidity & selfishness. The kids may not want to see you. Both of you may be saying bad things about the other to the kids & that could be causing the kids to not won't to see you.

You two adults need to be roll models for your kids but instead you both are acting childish.

This is going to be the yea... (Below threshold)
Diane:

This is going to be the year we all say oh yeah remember that crazy guy from new york that wanted his kidney back? How shameful for all of us that we have come to this, I wonder if the chinese will put this in their calender,"year of the kidney?" All joking aside shame on her, no wonder he looks so angry. I wish the news would of put out the whole article instead of just pieces of it. In stead of ex spouse wants kidney back , how about truthfully putting it out there. Man is angered by cheating wife, (who recently got his kidney)is seeking divorce.

MR. u are so selfish.... ca... (Below threshold)
pete:

MR. u are so selfish.... can u give her back the sex u had with her? what do u need the kidney for? give it to you new lover? ladies beware of him.. Thin line between love and hate. Have you thought she got our kids? Tell her you are sorry and she will respect you forever.


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