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Wednesday, January 14, 2009 - 9:35amSanction this postReply
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"During the summer of 1990, Dr. Richard Batista gave his wife his heart. More than a decade later, he gave her his kidney. Now he wants both back...

He says he soon learned his wife would die without a kidney. He was a match -- a 1 in 7,000 shot. According to Batista, he donated his kidney to save her life and their troubled marriage...

Batista has given his wife an ultimatum, give him the kidney back or pay him a million and a half dollars."


It seems to me that he no longer has a right to his kidney nor any compensation for giving it to her. No one held a gun to his head - he gave it to her freely and now she holds the rights to it.

What do you think?

Here is the link:

http://www.necn.com/Boston/Nation/2009/01/08/Man-wants-kidney-back-from/1231434751.html

(Edited by Tim Scobey on 1/14, 9:36am)


Post 1

Wednesday, January 14, 2009 - 9:47amSanction this postReply
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The right in question is his right to make any request or offer he wants in negotiating a divorce settlement.  It might get him a significant fraction of the $1.5M he named, or it might backfire.
(Edited by Peter Reidy on 1/14, 11:04am)


Post 2

Wednesday, January 14, 2009 - 10:51amSanction this postReply
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If I understood it correctly from the piece on the O'Reilly Factor the wife was having an affair at the time of donation. It seemed to be a throw-away line at the end that perhaps they didn't have any hard evidence. If that can be proven I think he has a case that she took the kidney in bad faith.

Sam


Post 3

Wednesday, January 14, 2009 - 2:44pmSanction this postReply
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I agree with Sam.

Post 4

Wednesday, January 14, 2009 - 3:34pmSanction this postReply
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From a strictly legal standpoint, he's not allowed to be compensated for his organs. Her bad faith won't change this.

Jordan 


Post 5

Wednesday, January 14, 2009 - 3:35pmSanction this postReply
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I think he's an ass for asking.  No wonder she's fooling around with another man.

I am so sick of people thinking that marriage makes your sexual organs, mind and values the legal property of a spouse. It's stupid.

She did the right thing and filed for divorce, and he's being an asshole.


Post 6

Wednesday, January 14, 2009 - 4:43pmSanction this postReply
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Jordan is correct. In the United States you cannot sell body organs so it cannot be considered for any kind of property settlement in a divorce. Mind you I'm all for selling body organs. I think it's a good idea but our government thinks otherwise.

Post 7

Wednesday, January 14, 2009 - 10:38pmSanction this postReply
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This dude doesn't have a leg to stand on with this, but it is damn funny.

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Post 8

Thursday, January 15, 2009 - 4:12amSanction this postReply
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I think he has a case that she took the kidney in bad faith.

According to his own admission he did it to save her life and to try to save their troubled marriage - he had knowledge of problems. He had the freedom to choose to give or not - his organ was his to do with as he pleased. After the organ was given it is no longer his to take back - it's hers. He gave away a value in an attempt to attain a value - it failed.

There is no rule that says we MUST attain the values we seek from others - its a risk we take when we trade them.

What do you think?

How ought this be dealt with apart from legalities?


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Post 9

Thursday, January 15, 2009 - 4:57amSanction this postReply
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I think this is just a power negotiating tactic to make him feel better in a bad situation, not because he actually expects her to relinquish a body organ. Look at the extra press he's getting about her affair. It's a legal method for him to denigrate her character in a widely publicized way, and perhaps she deserves such denigration. I doubt he would do this if he rather than she had the affair.

Based on this analysis, I consider TSI's Post 5 a non sequitur.

A related article had this to say with my own emphasis in bold:

Dr. Richard Batista's chances of collecting any cash from his estranged wife for giving her a kidney back in 2001? Try none, divorce lawyers say.

"He doesn't have a kidney to stand on," lawyer Raoul Felder quipped. "This is one of the most tasteless marital acts of the century. It makes him a laughingstock."

Seymour Reisman, a Long Island divorce lawyer for 40 years, agreed.

"A kidney is not a marital asset," Reisman said. "The husband did what all of us, if given the opportunity, are expected to do - help another person.

"This claim eight years later is without merit and vindictive."


I did a double take when I read "expected" before laughing. I love the people close to me, but I'd have to think carefully about forfeiting an organ I might need later. Kidneys supposedly fail in pairs, so supposedly you only need one because if it fails, you could be guaranteed the other would have failed, too. Still, I'd be reluctant. A wife is easier to replace than a kidney.

This guy would have done much better for himself to have gotten adequate life insurance on his wife when they married, kept it current, then refused to donate his kidney given their "troubled" marriage, let her perish, and collected the death benefit.

Cut your losses short and run your wins long, I say.

(Edited by Luke Setzer on 1/15, 5:51am)


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Post 10

Thursday, January 15, 2009 - 3:04pmSanction this postReply
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Based on this analysis, I consider TSI's Post 5 a non sequitur.
 



Post 11

Thursday, January 15, 2009 - 3:06pmSanction this postReply
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LOL. Snort.

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Post 12

Thursday, January 15, 2009 - 3:21pmSanction this postReply
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A wife is easier to replace than a kidney.

Luke is such a romantic.


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Post 13

Thursday, January 15, 2009 - 4:42pmSanction this postReply
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“A wife is easier to replace than a kidney.”

But Luke, what if you have already sunk ten or twenty Gs into breast implants?



Post 14

Thursday, January 15, 2009 - 5:20pmSanction this postReply
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LOL!


Post 15

Thursday, January 15, 2009 - 6:50pmSanction this postReply
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Luke,
Did you write your own wedding vows?

Post 16

Friday, January 16, 2009 - 5:14amSanction this postReply
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TSI, check your premises. If by "romantic" you mean vigorously defending well-reasoned values of choice, then yes, I am a romantic, though obviously your values of choice differ from mine considerably.

Jon, I would never spend that much money on elective cosmetic surgery for anyone so your question has no relevance.

Glenn, we used traditional wedding vows due to a mutual lack of creativity.

Some people claim that only a marriage of 100 percent commitment counts. This sounds like cult mind control to me. I think a commitment level from the middle to high 90 percent range has much more objective merit.

As my dear wife already knows, "I love you and I love myself more, though you are a very close second."

Since I love myself 100%, others who fall into the 90%+ range should consider themselves fortunate.

Certainly if I found myself in a "troubled" marriage, she would get no kidney since that is the price she pays for giving me "trouble."

People facing impending death due to irreparable health issues lack a firm bedrock from which to negotiate!

I should write an article evaluating the conventional "price no object" view of romance to expose its many fallacies.

"The perfect is the enemy of the good." --Voltaire
"The excellent is the enemy of the adequate." --Setzer

(Edited by Luke Setzer on 1/16, 5:32am)


Post 17

Friday, January 16, 2009 - 5:52amSanction this postReply
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Luke,

Since I love myself 100%, others who fall into the 90%+ range should consider themselves fortunate.
I love that quote, but this follow-up is a non sequitur:

Certainly if I found myself in a "troubled" marriage, she would get no kidney since that is the price she pays for giving me "trouble."
... because it presumes there won't (shouldn't be) be any trouble in a marriage.

Now, I'm not saying that lying about cheating should ever be excusable -- how do you trust someone after they did that to you? -- I'm just saying that marriage takes work and that love includes a really heavy, psychological and emotional investment. Try to think of the opposite. Try to think of love as if it were a disinterested trade with a stranger. That's crazy. If that's all you ever had, you have never really loved.

Ed


Post 18

Friday, January 16, 2009 - 6:01amSanction this postReply
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Well, Ed, we could sit here and argue all day about what constitutes "trouble" and how much "work" one should do to alleviate the "trouble" versus just cutting and running.

Richard Feynman recounted in one of his books his "troubled" second marriage in which he and his wife fought all the time. I have "trouble" imagining him forfeiting a kidney to her. I know I would be disinclined to save the life of someone who always wanted to argue with me about every little thing.

People make mistakes, including their choices of spouses.

I do not think these human errors create a "duty" to forfeit a kidney.

So I do not think adultery counts as the only "trouble" a marriage can encounter. Alcoholism, emotional abuse and neglect, excessive spending, ceaseless bitching and bellyaching ... the list seems endless. In the end, the choice to keep or donate a kidney belongs to the potential donor, and I certainly would not call "immoral" someone who did not donate it to his dying spouse.

I will not sit here and say that the man in question "owed" his wife his kidney those years ago when clearly the subsequent unfolding of events suggests a different choice would have better served him.

It is too late for him to reclaim his kidney, but not too late for the rest of us to heed his lesson.

(Edited by Luke Setzer on 1/16, 6:07am)


Post 19

Friday, January 16, 2009 - 9:08amSanction this postReply
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I'm with Teresa on this one - he's an ass. We all make our own decisions, both smart and stupid, and should be held responsible to live with them. You aren't automatically entitled to 'take back' a bad decision because you didn't have all the information you would have liked.

Since this aspect of his lawsuit is, in my opinion, stupid and frivolous, I am inclined to agree that he is only looking for press coverage to help denigrate his wife's reputation and so minimize his divorce settlement. Whatever divorce settlement is found appropriate - in his favor or not - he should pay any excessive court costs for his foolishness.

jt

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