Friday, January 9, 2009

Husband Demands His Kidney Back From Wife

Surgeon demands 'kidney' from estranged wife

A New York surgeon who donated a kidney to his wife was so upset by her alleged infidelity that he has gone to court to get it back.

Dr Richard Batista, 49, said he didn't think twice before giving up the organ eight years ago when his wife Dawnell fell ill. But now he claims that she repaid his kindness by having an affair before filing for divorce, and is determined to receive recompense for risking his life.

"There's no deeper pain you can ever express than to be betrayed by the person you devoted your life to," he told reporters. "I saved her life but the pain is unbearable."

The vascular surgeon's lawyer Dominic Barbara said his client wanted $1.5 million in compensation for the kidney as part of a bitter matrimonial break-up which has dragged on for three years. "As part of the litigation we are asking for the value of the kidney that he gave his wife," said Mr Barbara. "In theory we are asking for the return of the kidney. Of course, he wouldn't really ask for that, but the value of it. This has never been done before in the State of New York."

The couple met in the 1980s when he was a resident doctor and she was a nurse. They married in 1990, went on to have three daughters and enjoyed a privileged life in Massapequa, Long Island. Mrs Batista fell ill with kidney problems and her husband told how he injected her three times a day. Their relationship started to flounder in 2001 but Dr Batista volunteered to donate his kidney after he was found to be a suitable match.

"Of all the people available I was the first and only one to step to the plate," he said. "She was my wife. My first priority was to save her life and future of our children and hopefully with that in mind keep the marriage alive. To this day I would still do it again."

Although his wife survived, their shaky relationship did not and the doctor claimed his wife had an affair before filing for divorce in 2005. "It put a hole in my heart that still exists," he said. "To this day, I'm a man of pride. To be betrayed that way, humiliated – I can't even began to say."

Dr Batista said he was suing for the kidney because of the way his wife had treated him and claimed that she had prevented him seeing his children. Mrs Batista's lawyer has made no comment. Legal experts said the case was unlikely to succeed because donating an organ is considered a gift and cannot be bought or sold.

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