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Doctor Demands That Estranged Wife Return Kidney — Or Pay

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ionu
01/08/09

In reply to Doctor Demands That Estranged Wife Return Kidney — Or Pay
Doesn't donating his kidney can possibly shorten his own life expectancy? Does he deserve compensation for that?
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nellicat
01/08/09

@ionu: According to the law, no, he doesn't. Personally, I think it is ridiculous and paternalistic that competent adults are not allowed to sell their organs, but the fact is, there can be NO compensation for giving an organ.

Plus, if he wasn't able to be compensated before the divorce for his "shortened life span" (which I don't really think is true, actually), why should that be an issue now? What the recipient may or may not do to disappoint or hurt the donor shouldn't determine whether the person's possibly diminished life expectancy is compensable, should it?
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Mafalda para Presidente
01/08/09

In reply to Doctor Demands That Estranged Wife Return Kidney — Or Pay
I understand the anger (I'd be pissed off, too, if I gave someone a freaking kidney and then they cheated on me), but it's hard to fathom trying to take away said organ from that person.
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jeepgirl
01/08/09

In reply to Doctor Demands That Estranged Wife Return Kidney — Or Pay
I can't imagine asking for it back, but then again, I'm a liver, not a fighter.
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sybann
01/08/09

In reply to Doctor Demands That Estranged Wife Return Kidney — Or Pay
Crap lawsuit by a dude. What a giant ass.
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picardia
01/08/09

In reply to Doctor Demands That Estranged Wife Return Kidney — Or Pay
I don't blame him for being incredibly bitter, but he's taking it way too far. And there is no way any court is going to create a precedent for compensating donors for the value of their organs. So essentially he's wasting time (his, hers and the court's) and money (those legal fees are high) and throwing away the moral high ground he had before. FAIL.
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SarahMC
01/08/09

In reply to Doctor Demands That Estranged Wife Return Kidney — Or Pay
A man who PUBLICLY treats the mother of his children this way doesn't truly care about his children's well-being. Like most MRA-types he wants access to them because he thinks he owns them and wants to make the woman's life as miserable as possible.
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NotChoinski
01/08/09

In reply to Doctor Demands That Estranged Wife Return Kidney — Or Pay
I think Christine Baranski needs to hunt down our Dr Dick
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Nuckin Futz for you
01/08/09

In reply to Doctor Demands That Estranged Wife Return Kidney — Or Pay
I don't know how to feel on this one. Yes it's childish for him but I feel a little sympathy for a few reasons. First surgery scares the hell out of me and no matter what there is always pain involved. Second she cheated on him seemingly soon after. Third he claims he is doing this after she has been denying him visits with his kids and he is tired of fighting with her. Maybe its just me but if I give you an organ to keep you alive for the kids...maybe you should be sharing said kids with me. If he hadn't given her his kidney she might not have lived and he'd have the kids all to himself. Well that and I can be a vengeful chick after a breakup.
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ArgusRun
01/08/09

In reply to Doctor Demands That Estranged Wife Return Kidney — Or Pay
Divorce proceeding put monetary value on things that are usually not open for compensation. How else does a woman who is a homemaker get half of the joint assets when she contributed nothing of physcal value to their assets. The court puts a value on her contributions to the relationship and family.

Same thing goes for infidelity. Misbehavior on the part of one party can change the distribution of assets thus putting a price or value on behavior or morality.

In this case, an argument could be made saying that he is not being compensated for the value of teh organ, but for the value of the life he saved. His sacrifice enabled her to live and potentially earn a living. Just as wrongful death suits put a value on future earnings, so could, conceivably, this divorce proceding.

On a personal note, if the case as presented by the husband is factual, including the custody issues, then I feel for him and hope he does get some compensation. She can be as big a bitch as she wants, but refusing access to your children is just plain horrible and if it were me, I'd use every weapon in my arsenal.
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clevernamehere
01/08/09

@ArgusRun: A homemaker DOES provide items of physical value. If you have kids and both parents work, one and one care of them is going to run you upwards of 30k a year.

And you don't get to charge for organs.
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PhillyLass
01/08/09

In reply to Doctor Demands That Estranged Wife Return Kidney — Or Pay
Just a point of clarification-- according to the article, the transplant took place 8 years ago. She did NOT have the affair with the PT treating her after the organ donation. She took up karate after her recovery and suffered an injury while working on her black belt. The PT for that injury is the boyfriend she left him for. So, it seems she did try to hang in there and make things work. It's not like she stuck around long enough to snatch his kidney and then packed her bags.
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cockeyed
01/08/09

In reply to Doctor Demands That Estranged Wife Return Kidney — Or Pay
I saw this on the news with no explanation, and thought he had to be the most cold-hearted person ever.

Now I understand what he's so upset about. Yeah, he deserves the $$.
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nellicat
01/08/09

@cockeyed: I disagree completely. As the mother of his children, his donating a kidney to her should have been number 1 priority; her physical well-being should still be important to him because the children love her. If she won't let him see the kids, she's either in contempt of a court order OR the court backs up her side of things. The fact that she had an affair sucks, but again, we have no idea why or how such a thing occurred. Maybe she's jsut a stone-cold bitch, but apparently he didn't think so when he gave the gift. GIFT. Non-refundable.
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FourInchHeels
01/08/09

@nellicat: I'm not sure that I agree that donating an organ should have been his number one priority. Yes it was a nice thing to do, and many people would have done the same thing in his situation, but it was by no means an obligation to give her one. Many couples go through this situation, with her well-being being important, and don't donate organs to make it happen.

I think they're both acting terribly, but I agree with cockeyed on this one - I don't agree with him, but I do understand.
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llamalash★
01/08/09

In reply to Doctor Demands That Estranged Wife Return Kidney — Or Pay
Isn't it illegal to pay for or be compensated for the donation of an organ? (beyond the surgical/procedural costs, of course)
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day2night
01/08/09

In reply to Doctor Demands That Estranged Wife Return Kidney — Or Pay
this reminds me of the Merchant of Venice.
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Wit is periodically disensouled
01/08/09

@day2night: The same thought occurred to me. Talk about extracting your pound of flesh.

Anyone want to inform the guy that the quality of mercy is not strain'd and such?
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htrodblder
01/08/09

In reply to Doctor Demands That Estranged Wife Return Kidney — Or Pay
Since I am in the middle of a similar divorce, believe it or not I can see both sides. My divorce has been going on since June of 2007, and I have seen my 16 year old daughter a total of three hours the entire time. No birthdays, no Thanksgiving, no Christmas. I have heard of similar cases going on for 5 years. Thanks to recent changes in some state laws, that is now reduced to 18 months. Even in my angered state, I cant always blame my future ex. The court system is so screwed up with other cases that even a small action requires a 3 month delay before the next hearing or court appearance. It literly pushes too many people to the breaking point.
I can imagine after the divorce this guy is going through, he saw this as his only resort to get things moving.
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ellaesther
01/08/09

@htrodblder: That's awful. I'm so sorry. I don't know what I would do with myself if I couldn't see my children, and for such a long time. My heart would be in a constant state of breaking, that's for sure. Good luck.
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EkaterinaBallerina
01/08/09

In reply to Doctor Demands That Estranged Wife Return Kidney — Or Pay
This reminds me of the Law & Order: CI episode where the guy offed the woman he donated an organ to because she didn't make enough of her life after the transplant. He was apparently trying to one-up his daddy in terms of charitable deeds by donating organs he could dispense easily and safely. When instead of doing good in the world, the woman became a stay-at-home mom, he got enraged that she'd "wasted" the organ and killed her. Which obviously, wasted the organ even more.
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Grim Reaper of the Forest
01/08/09

@EkaterinaBallerina: I saw that one too! Wait, I think I've seen every single Law & Order episode ever made.
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EkaterinaBallerina
01/08/09

@treecut...Grim Reaper of the forest: I think I've seen every episode of all three versions. It's embarrassing that so many of my stories start with "Well one time on Law&Order..."
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