I Want The House, The Kids And The Kidney!

No Chance, Says CBS Legal Analyst Lisa Bloom On Case Of Man Wanting Wife To Return Donated Organ

(CBS)  A Long Island man's quest to end his messy divorce took a new turn this week as he demanded his estranged wife give back the kidney he donated to her in 2001.

It's a touching tale and one that has been met with ridicule from area divorce attorneys.

"She ripped out his heart, but he doesn't get to rip out her kidney," says Lisa Bloom, a legal analyst for CBS' The Early Show.

Calling this a publicity stunt by the scorned husband, Dr. Richard Batista, Bloom says there is absolutely no chance his soon-to-be ex-wife, Dawnell, will have to give her new kidney back.

"He wants his pound of flesh," Bloom said, but "he's not going to get it by way of the kidney."

For his part, the doctor said he would accept $1.5 million in compensation. He's also said that despite his marriage crumbling and a strained relationship with his three kids, he does not regret donating the kidney.

"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."

For more on this story and Bloom's scathing analysis, click below:

[antoniof123]

This guy is an f*`#ing idiot!!!

[pvperson]

To me, it demonstrates what the woman may have been going through during the marriage. Do you think this vindictive moron may have "reminding" her of his "great sacrifice" every day of the last 7 years?

[shanev137]

He should have never given his kidney to the cheatingwhore in the first place.

[getoffmine1]

This guy is an f*`#ing idiot!!!

Posted by antoniof123 at 02:12 PM : Jan 08, 2009

i agree, he never should have wasted his kidney on her in the first place.
How cool would it be if the judge made her give the kidney back.

[belvital]

I am the kind of guy who firmly believes that a fiancee should give back a ring upon a breakup before marriage. But a kidney to a loved one?!! are you kidding me? uh! uh!

He is an idiot. He should have the kids though, the house and some cash for the infidelity. But absolutely nothing for the kidney.

[robinscat48]

Did I miss something here? Where does it say she cheated on him? He is a butthead for wanting the kidney back and putting a price on it. And if he pulls this stunt, what makes you think he didn''t cheat??? Sounds like a complete loser to me!

[parrots21]

Well ...

[swingset4u]

The key word that won''t help him is: DONATED.

What moron!

[chad55555]

In my 60 years I have never met an tureful honest women. I am not saying there all bad, just they are far and and apart.I wonder has there been a good women since Mother Mary. I have been married 42 years,caught her in lies,almost lost my home and my life but the way the courts are always on the side of the women and it''s better to stick around then give it all away to a cheating women and a man that never worked for it.+
JUST BECAUSE YOU HAVE BEEN MARRIED A LOT OF YEARS DON"T MEAN YOU WERE HAPPY.GOD SAW MAN,WHAT HE HAD MADE,saw man was happy and CREATED WOMEN,NEXT CAME HELL. NOW WE KOW WHY MOST MEN DIE FIRST.(STRESS)

[shanev137]

Sounds like he got mad when he found out he wasn''t the only guy "giving her an organ".

[element51]

This makes the "War of the Roses" look like a Sunday school picnic. I just can''t help but laugh even though I know this isn''t funny. This guy is just looking for free publicity. And what about the kids? I wonder how they must feel. Unless this guy had an iron clad prenup I think the X will prevail. And my wife let me keep my p e n i s. She only takes it when I go out with the guys.

[jillyjean2]

He GAVE her his kidney. It wasn''t loaned. Why didn''t they turn their marital problems over to God for healing instead of commiting adultry? BTW Chad, there IS an abundancy of good women out there but you will only find them by going to a full gospel church with a God annointed pastor. Of course these women won''t have anything to do with you unless you have accepted Christ as saviour too. When God is first in the lives of a couple, the marriage is solid! What God hath joined together, let not man put asunder.

[blog_fever]

Did anyone read the story about the man that burned to death after his *** was set on fire?

[barbaram99]

A doc he is of what..In America ye can''t sell body parts..THAT A CRIME..Move on.

[blog_fever]

That boy died of a hotdog!

[notsoandso]

Well Doctor you took an oath as a doctor to protect people lives. That you have done. Take the high road Doctor not the lawyer low road. I gave my wife a kidney in 2004 and if she should choose someone else, it would be more important to me that she be healthy for our Grand kids. Your approach is so unprofessional....

[notsoandso]

Well Doctor you took an oath as a doctor to protect people lives. That you have done. Take the high road Doctor not the lawyer low road. I gave my wife a kidney in 2004 and if she should choose someone else, it would be more important to me that she be healthy for our Grand kids. Your approach is so unprofessional....

[caliengineer]

I bet he gets some form of compensation. Think about it. He gave her one of his kidneys- shortening his own life- in the expectation of a long love and many years of companionship. Now she''s going...

I think the court will consider it.

[rf35]

I think he should get the kidney back. Women demand more valuable and ridiculous things during divorce fights...I don''t think he is going too far. Maybe they can split it. Or how about joint custody? She could take the kidney for weekends and part of every summer.

[mitch5511]

Just a tad bitter? LOL What an idiot!

Just remember there''s two sides of every story.

[observer2020]

He absolutely cannot have the kidney back, but I''m sure the court will put some kind of monetary value on a "gift." Wonder if this guy is a re-gifter? Yuck!

[coronalu]

She should pay him the 1.5 mil and be done with it, she did wrong, period. Amazing how someone would do something like this to another person that saved your life, wow, this guy does not need a worm like this, he should look at it like "good bye, good riddance" because why would you want a person like this woman in your life, why, it''s like you need a another hole in your head. Buddy, drop the zero and get yourself a heroine.

[jennmarikp]

There was not any agreement stating she would stay married to him the rest of her life if he donated a kidney. I understand he is heart broken but if she no longer wanted to be married and filed for divorce, he can''t force her to stay with him. It is sad but it''s life and life is not fair.

[coronalu]

Hey,"jennmarikp", "it''s for better or for worse, in sickness and in health, til DEATH do us part" now you want one part to apply but not the other? This is the problem we all have, we want our cake and eat it too, and it doesn''t matter who''s life we destroy in the process, as long as I get mine!

[coronalu]

Come on, let''s face it, if this guy earned 100 million dollars during the time that they were married, I would think that she would ask for half of that, well, during their marriage, she earned a life, what is a life worth, well, it really is priceless but in this case, he has estimated a value of 1.5 mil, of course a life is worth a whole lot more but for him, he will accept 1.5, so give him the money and be done with it. Hey, if it were not for his kidney, she would have died, so give him the money, it''s not going to kill you.

[coronalu]

She enriched her life to a point that iu is priceless because of this kidney, this is wealth and just like she would share in any wealth, then he should too. 1.5 mil worth.

[mecury69]

"Just remember there''''s two sides of every story.

Posted by mitch6544 at 12:56 PM : Jan 09, 2009"

Yes, you are absolutely right. But let''s see a news source including CBS print the whole story and explain WHY he is doing this. It''s not a broken heart like the writer wants to spin it.

It''s even worse for his self centered *unt of a wife.

"Batista insisted his cash-for-kidney claim was a direct result of his wife''s behavior. He said he hasn''t seen his three daughters - ages 14, 11 and 8 - in months."

UNACCEPABLE under ANY circumstances. Neither parent OWNS a child. Unless there is neglect (and nothing has been mentioned and his actions appear to be just the opposite) he has every right to see his kids. She has no right to deny him.


"Dawnell Batista viewed the kidney as a new lease on life, too. She returned to school to earn a master''s degree in nursing, and took up karate, her husband said. After an injury suffered while trying to earn her black belt, she began physical therapy - which evolved into an affair with her therapist, Batista said."

This is part of the story. Print it. She has the right to counter it.

This guy had no choice but the help the mother of this children. The selfish *** should have been allowed to die on a waiting list.

He''s not entitled to the kidney or money since it was a gift but ***, this guy deserves a beautiful, devoted, loving wife and he will get one from this story.

[coronalu]

Really? These two have a contract or do they not? If you agree that there is a contract then if one of the parties do not live up to their end of the contract then they should walk away without enrichening themselves, now, we have one party here that has greatly enrichen themselves while the other party has not and not only has not but has placed themselves in a situation that can be deadly and this party has done this, has placed themselves in this situtation due to the fact that they expected the other party to perform, to complete their end of the contract and since this has not take place nor will it, then one party is entitled to damages. This is the way it goes, otherwise I would be entitled to everything and anything I can get from you, anyway I get it and there would not be anything that you would be able to do about. This doesn''t take a rocket sciencetist to figure this out.

[oleander8]

It''s against the law to be paid for an organ....that''s why they call it ''organ donation'' and not ''organ sale''.

[mecury69]

"There is a better and more enjoyable way to destroy someone...

and this is not one of them.."

Such as?

[coronalu]

This does not have anything to do with ''''organ donation'''' or ''''organ sale''''. this has to do with a contract that was entered into by two people, one of the parties did not live up to their end of the contract, hence no meeting of the minds, hence no contract, now, each had the right to have what they had prior to the entering of the contract, he had his kidneys, she had a bad one, she cannot at this time return him his kidney, hence pay him a fair amount based on HIS estimation and not her''s.

[mecury69]

I feel for you coronalu and wish she would have to pay or, even better, give up the kidney and get back on the waiting list...

"The couple shared the joy of three daughters, but Dawnell was battling kidney failure and the couple''s relationship turned shaky.

Her husband - a surgeon at Nassau University Medical Center - injected her three times a week with medication as part of her health care regime.

Dawnell''s health continued to deteriorate. After two transplants failed, her husband volunteered to donate one of his kidneys - and discovered he was a match, a 1-in-700,000 shot.

"I was the first and only one to step to the plate," the doctor recalled. Without his donation, Dawnell faced a long wait: There are 6,748 people awaiting kidneys in New York State, the New York Organ Donor Network says."

But there is no ''contract'' that I know of, so nothing was breeched to support it.

It''s just a sad story.

[coronalu]

The "contract" of "marriage"

[coronalu]

And the law states it clearly that a "marriage" is a "contract"!

[coronalu]

And I do not in any way, shape or form feel that he should have any desire to destroy her, never, it is a fact of life that these things do happen and one should never wish harm to another, that said, she should return him to the state he was in prior to the contract or marriage that she broke. give him his mula. period

[susanhelit]

He''s expressing his hurt feelings with bad behavior that won''t do anything but make the whole situation worse. Fight for your kids, if your kids are what you want. Doing stupid things to try to hurt your ex-wife won''t make anything better. She''s hurt you - and no doubt that you''ve hurt her as well - you can keep up *** for tat for the next 50 years - or just accept that you need to work with what the situation is - not what you wish it was.

As a judge, no doubt, this will NOT help him get to see his kids more.

[susanhelit]

When she had each of their 3 children, she risked and likely shortened her life too. If you want to look at it from just that perspective - they''ve both sacrificed for their kids. Pregnancy on someone with any organ disorder, or with an organ transplant is not safe. He gave her a kidney, at some risk to his life. She gave him 3 kids, at some risk to her life.

Now, if they behave, they can share the kids - but there''s no doubt far more to the story here.

[laurieleemoo]

I can tell you that anything given as a "Gift" ...by law...the person can not demand back or reimbursement for. Period!!!!!! It was considered a GIFT!

This guy is a total moron and so is his attorney if he''s telling his client he has any chance of winning.

This is Basic Law 101!!!

[laurieleemoo]

But there is no ''''contract'''' that I know of, so nothing was breeched to support it.

It''''s just a sad story.


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Posted by mecury69 at 03:27 PM : Jan 09, 2009


A gift is a gift...period....NO need for a contract

[laurieleemoo]

This guy has NO CASE WHATSOEVER!

I hope his attorney charges him out the ying-yang which will not be collectible either!

[mecury69]

"A gift is a gift...period....NO need for a contract

Posted by laurieleemoo at 03:57 PM : Jan 09, 20"

Read my post. That is what I said. Your referring to my reply to another post.

[mecury69]

"He''''s expressing his hurt feelings with bad behavior that won''''t do anything but make the whole situation worse. Fight for your kids, if your kids are what you want. Doing stupid things to try to hurt your ex-wife won''''t make anything better."

SusanHelit

Review the facts as they are presented. The original divorce was filed years ago and this recent statement is that he has not seen his kids in months, well before he filed this claim. This act is what he needs to do to move the process along. Far less worse than her withholding the kids from their father.

[mecury69]

"She''''s hurt you - and no doubt that you''''ve hurt her as well"

Posted by SusanHelit at 03:46 PM : Jan 09, 2009

And you base that opinion on what....?

[mecury69]

This is what men have to do in this society that is grossly over supportive to a woman''s right to parental responsibility over a man.

If you have been through a divorce you would understand the frustration and lack of support the legal system has for the father. Basically, the woman dictates the custody; empowering her even more if it gets ugly.