Estate Planning

A Pound of Flesh?

By Hull & Hull LLP

Shocking news out of Garden City, New York last week.  It is one of those incredible stories you hear that will either have you rolling on the floor clutching your gut to stave off the laughing-induced cramps, or shaking your head in disbelief at the state of the world today.

Now that my cramps have subsided...

In July 2005, Dawnell Batista filed for divorce from her husband of fifteen years, 49-year old Long Island surgeon, Dr. Richard Batista.  The couple have three children, age eight to fourteen.

In 2001, after his wife had two prior failed kidney transplants, Batista donated one of his kidneys to her, thereby saving her life.  Batista claims that his wife began having an extramarital affair a couple of years after the transplant.

Instead of going after their million dollar home in Massappequa, Batista now wants his estranged wife to return the donated kidney, although he says he'll settle for $1.5 million in compensation.  Divorce lawyers say a donated organ is not a marital asset to be divided.  Further, in the U.S., organs cannot be bought or sold.

Speaking to reporters last week, Batista said, "There is no deeper pain that you can ever express than betrayal from somebody who you loved and devoted your life to."  Perhaps, but I'm guessing that having a donated kidney removed might come pretty close.

Hmmmm.  I'm suddenly having second thoughts about asking for those implants...

Jennifer Hartman, Guest Blogger

Full post as published by Toronto Estate Law Blog on January 13, 2009 (boomark / email).