Divorcing Man Wants Kidney Back After Wife Cheats

GARDEN CITY, N.Y. — 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.

Matrimonial attorneys were quick to shoot down any possibility Batista would succeed.

"I've been in this business over 40 years and I've never heard of that," said Seymour J. Reisman, a Long Island divorce lawyer. "It's not marital property, not a marital asset you can put a price tag on."

Manhattan attorney Susan Moss said, "The good doctor is out of luck and out a kidney. This is similar to cases where a husband wants to be repaid for the cost of breast implants and the such. Our judges are not willing to value such assets, so to speak."

Batista, 49, said he has no regrets about donating the kidney, only about the failed marriage. The couple was married in 1990 and lived in a million-dollar home in Massapequa. They met while he was working at a hospital and she was training to be a nurse.

He still recalls the day after the surgery took place.

"There is no greater feeling on this planet. As God is my witness, I felt as if I could put my arm around Jesus Christ. It was an unbelievable; I was walking on a cloud.

To this day I would still do it again."

Comments

[INVESTOR2009]

LIKE IT OR NOT ITS A GIFT THE LADY KEEPS IT LOL

[Kit]

I sure hope he has organ donor listed on his drivers license so they can add his brain to the study of what makes a man a total loser. Someone give him directions to find his dignity please.

[zardowur]

So what exactly does he want to do if he gets the kidney back? Perhaps he can give to another woman in need of a kidney, who will then reciprocate by marrying him. Problem solved doc!

[emstrem]

I hope a judge or jury awards my man a cool $2 million from this tramp and then in the meantime she develops siroccos in the transplanted kidney. Dont marriage vows mean anything anymore???

[Happyexpat]

The sirocco is a hot wind from Africa, not something you get in your kidney. You mean cirrhosis, but that affects the liver, not the kidney!

[Eric-in-the-Red]

He doesn't need the kidney back, he needs his balls. Unfortunately, his ex cannot return that to him. He can only get them back by stopping his whining. No sympathy.

[yorfutrxhsbnd]

I want the rights to this story!

[bsjl1918]

Are all of you missing the point??? This man put his life at risk, shortened his life expectancy and reduced his quality of life to save her life.

Before we can comment intelligiently we need answers to a few questions. Was he the first doner or the only doner available? Was she going to die without this transplant? How long did she have to live?

If she was going to die without the transplant, then the husband is owed a lot of leeway. He shortened his life expectancy to increase hers. The ultimate sacrifice.

Unfortunately, she accepted this gift and then cheated on him.

He should have full visitation rights and only pay child support. Which I am sure the husband is ok with because he is obviously a charitable man.

If the woman is shaking him down for extreme alimony payments and not allowing him to see his kids, then this woman is a Jezebel. The more I think about this he should have donated her a heart.

[madisonhack]

I'm thinking of Sam Kinison shouting "I want my kidney back!"

[Bluedrgn]

They take your money, your house your kids and now you organs too! Lesson to all men: don't get married!

[hortonhearsawho2]

I"m sure any woman would let you keep little peetee...harmless and all.

[BannedInBoston]

You get the kidney, I get the kids....

[harriettubman]

Who knows what led the wife to an affair in the first place? You never know what goes on behind closed doors. This man needs to sign on the dotted line and leave this marriage behind him.

[MsKillaSmile]

Good point! He and his wife need to get therapy, even if they aren't together. They have kids and the kids will suffer the most if this mess isn't straightened out in some kind of amicable way. Forget the adults: they are grown and have made their decisions. The kids need to be taken care of, and they will suffer all kinds of mental and emotional distress if the parents don't learn how to let go of the past and focus on the kids.

[erinaceus]

Agreed.

[oldbrit]

She won't give him the kidney back.

She won't pay the $1.5 Million.

Most likely, she'll get a boat load of child support and alimony she can use to support her boyfriend in the style her husband gave her for 18 years and life he gave her along with his kidney.

Sounds to me like she's a self b* (sexist language intentional)

It also sounds to me like he should get custody of the kids if we women are serious about equal rights.

Liz

[JessWonderin]

Maybe he can swap the kidney use for "tempoary parking space" for another organ . . . .

[shedances]

Who in their right mind would ask for a kidney back ... or money, in lieu of the organ? No wonder she had an EMA, and is now divorcing this loser.

[rini]

He doesn't really want the kidney back. If you read the article, he pretty much says this.

He is trying to use the donation as leverage. She left him when she had energy enough due to better health after the transplant. Now she trying to keep his kids away from him. Maybe he shouldn't be asking for so much money, but what she's doing is unconscionable.

I'm sure there are two sides to the story, but I have a hard time seeing her side now.

[friskee1]

sorry pal, you snooze, you lose.

it's not right that she cheated and kept the kids away from him, but we've only heard one side of the story. judging by the fact that he wants his kidney back even though that's not something you could just ask back like a refund tells me that he deserved what he got