Family Law Blog

Divorced Doctor Seeks $1.5 Million for Lost Kidney

By Denver Divorce Lawyer on March 18, 2009

According to a story reported by the New York Daily News, a New York doctor hopes to be able to receive $1.5 million in payment for a kidney donated to his ex-wife while they were married.

In 2001, Richard Batista donated one of his kidneys to his then-wife Dawnell, who was suffering from kidney failure. His act of generosity bucked the odds. According to the Daily News, the chance of Batista and his wife being suitable donor matches was approximately 700,000 to one.

After Dawnell’s health improved, she suffered an injury and underwent physical therapy, at which time Batista alleges she had an affair with her physical therapist. Dawnell filed for divorce in 2005. Since then Batista alleges that Dawnell has denied reasonable access to their three children and that his claim arises from her actions.

Practicing divorce attorneys are quick to point out the long odds Batista faces in getting a settlement in this case, odds every bit as steep as those against the match being possible in the first place. In a supplement to the Daily News story, Seymour Reisman, an experienced divorce attorney, unambiguously labels the kidney as non-marital property and therefore not subject to the type of settlement for which Batista is hoping. He also calls Batista’s delayed claim—eight years after the fact—“vindictive.” Also in the New York Daily News supplement, divorce lawyer Rauol Felder labels Dr. Batista’s claim as “tasteless.”

At issue in this case is what you can legitimately claim in a divorce settlement, as well as discovering if there are any limits on what can be defined as property. New York is an equitable distribution state, which means that courts have the right to divide assets between spouses even if one spouse clearly owns the property.

In equitable distribution states, need is occasionally a dividing factor in determining the split of assets. Even so, Batista’s case raises the thorny issue of who owns a bodily organ, and the rather ugly ramifications possible should the courts find in Batista’s favor. One does not envy the New York court system as it wrestles with this issue.

If you have any questions regarding divorce or any other matters of family law, please contact the top Colorado divorce attorneys at Kaplan Law, LLC. We offer free consultations and look forward to evaluating your case.