Man wants his kidney back as part of his divorce

Divorce can be a challenging process, but one man took an unusual turn when his wife filed for divorce. Before their marriage fell apart, Dr. Richard Batista had generously donated a kidney to his wife, Dawnell, to save her life.

However, when the marriage ended, Dr. Batista demanded that Dawnell either return the kidney or compensate him with $1.5 million. The couple, married in 1990 with three children, faced challenges as Dawnell experienced medical issues, leading to two failed kidney transplants. Dr. Batista’s kidney donation in 2001 aimed to save her life and improve their marriage.

Following the surgery’s success in saving Dawnell’s life, she filed for divorce in 2005, accusing Dr. Batista of infidelity. In an extraordinary request, he included a demand for the return of his donated kidney or financial compensation in the settlement.

Legal and medical ethics experts unanimously rejected Dr. Batista’s claim, emphasizing that organ donations are legally considered gifts in the United States, preventing their monetary exchange. Despite the unconventional demand, the Nassau County Supreme Court ruled against Dr. Batista, stating that the kidney was indeed a gift.

Matrimonial referee Jeffrey Grob explained, “The defendant’s effort to pursue and extract monetary compensation, therefore, not only runs afoul of the statutory prescription but conceivably may expose the defendant to criminal prosecution.” The court’s decision affirmed that human organs are not commodities for financial transactions.