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January 15, 2009

Divorcing man wants kidney back

Filed under: News — posted by Chris @ 9:27 am

This story made headlines last week:

Richard Batista can live with his broken heart. He just can’t bear his cheating wife living with his healthy kidney.

The Long Island doctor wants the one-time love of his life to pay $1.5 million for the organ he bestowed on her eight years ago in a gift meant to save her life and their foundering marriage.

Dude, you have two and she gets half of everything, right? Oops, not so fast:

But divorce lawyers say a donated organ is not a marital asset to be divided.

Well, now there are counter claims from the wife!

Dawnell Batista says Richard Batista was so obsessed with the idea that she was cheating on him that he went so far as to go through her underwear seeking signs she’d been with another man.

That’s it? I thought she might sue for her old uterus back.


  1. Like most messy breakups, I find both sides completely unsympathetic.

    In addition, Dawnell should fire her lawyer for incompetence. The lawyer could make some valid arguements in the counterclaim that removing the kidney would shorten Dawnell’s lifespan (so there should be some form of attempted murder charge that could be alleged) and Richard is asking for $1.5 million in exchange for Dawnell keeping the kidney (so there should be some form of extortion charge that could be alleged).

    Comment by Karl R — January 15, 2009 @ 10:34 am

  2. My 2 cents:
    At best, Mr. Batista ought to feel content enough knowing that he has caused someone to live longer than possible, a gift unspeakable; if she bore his children, then he has done his kids a lifetime service – their hearts have been spared, for now. Money can be always be replaced – but his wealth increases by the gift of giving and the example he may set for his kids or other on-lookers!!!! I pray that he finds grace to move on despite his immense pain.

    Now for the real – In this culture we take the issue of adultery way too lightly. We make jokes and forget that hearts are broken, children are devastated and lives are forever changed for the worse. On the flip side of that however, Mr Batista must forgive and get on with his life realising that if his wife indeed committed the dirty deed alleged, the repercussions and fallout of that will follow her for the rest of her life – trust!!!

    Mr B will be well suited to forgive and consider himself blessed he does not have to spend any more time being committed to such a person. All that said, let’s pray that the Mr has never himself done what he has accused his wife of. This is why forgiveness and civility is crucial – we are all imperfect in some way.

    Comment by AGE — January 16, 2009 @ 6:48 am

  3. There are laws in America forbidding the buying and selling of organs. Therefore Mr. Batista’s lawsuit is moot, and quite frankly ridiculous. It is an embarassment to the legal profession that any lawyer accepted this case, and I hope a judge throws out this lawsuit summarily. Mr. Batista sounds like someone who needs mental help.

    The only case I could see the organ donation having any bearing on is the divorce case between the Batistas-I think Mr. Batista might have a valid point bringing up his contribution of his kidney to his wife, as well as his wife’s adultary, to reduce the amount his wife gets in the divorce settlement/alimony.

    Comment by KS — January 16, 2009 @ 2:31 pm

  4. A gift means you don’t get it back, that’s not just real life, that’s the law, too. If you gave a gift with “donative intent” ie you meant it as a GIFT, no strings attached, you can’t change your mind later and ask to be paid for it. And, dude, bitterness hurts the one feeling bitter a lot more than the one who is target of it.

    Comment by Aquagirl — January 19, 2009 @ 3:38 pm

  5. […] Breakup Girl Divorcing man wants kidney back Posted by root 5 hours ago (http://www.breakupgirl.net) He just can 39 t bear his cheating wife living with his healthy kidney comment by aquagirl january 19 2009 3 38 pm powered by wordpress Discuss  |  Bury |  News | Breakup Girl Divorcing man wants kidney back […]

    Pingback by Breakup Girl Divorcing man wants kidney back | Weak Bladder — June 7, 2009 @ 9:54 pm

  6. I hate this topics. BREAKUPS. This is so sad and so negative. I wanna live happily forever but since this is a part of reality, we have to accept this.

    Comment by Living Trust Will — November 12, 2009 @ 2:03 am

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