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:

[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.

[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]

"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]

"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.

[laurieleemoo]

This guy has NO CASE WHATSOEVER!

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

[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]

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!!!

[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.

[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.

[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

[coronalu]

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

[coronalu]

The "contract" of "marriage"

[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]

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]

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

and this is not one of them.."

Such as?

[oleander8]

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

[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.

[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]

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.

[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.