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In Divorce, Who Gets The Kidney?
Doctor Wants Compensation For Organ Donation
POSTED: 5:20 am PST February 27, 2009
A court rejected a Long Island surgeon's claim that he should get $1.5 million in his divorce settlement because he donated a kidney to his wife.Dr. Richard Batista said he was entitled to the kidney compensation because Dawnell Batista was denying him visits with their three children.In a ruling Tuesday, matrimonial referee Jeffrey Grob said the kidney was a gift. It was donated in 2001, during happier times in the marriage.
Grob said a wide range of items are considered marital property, but donated organs would not be among them.The doctor's attorney, Dominic Barbara, said in a statement that he considers the ruling a victory for his client because the donation will be considered as a factor in the overall distribution of marital assets.
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