Back in 2001 Richard Batista, a vascular surgeon at Nassau University Medical Center, donated a kidney to his wife Dawnell Batista in an attempt to save both her life and their failing marriage (here and here). Although the transplantation (Ms Batista’s third) was a success nothing could salvage the marriage and in 2005 Ms Battista filed for divorce. The infuriated Mr Battista responded by demanding his kidney back. Mr Battista said that while he had done everything to save her – as his lawyer put it “acted ‘godlike’” – she had exploited his kindness and betrayed him in the worst of ways. He accused her of having an affair with her physical therapist, said that she refused marriage counselling (implying it could have saved the marriage) and that she would not let him see their 3 children. Ms Battista, on the other hand, denied the affair and said that her soon to be ex-husband was “insanely jealous and hyper-suspicious”. Faced with the impossibility of actually getting the organ back Mr Battista has announced that he wants to be compensated monetarily. More precisely he holds that $1.5 million would be the appropriate market value of the kidney. The hearing started last month and it seems fair to assume that the claim for monetary compensation will be rejected. The selling of organs is illegal in the USA and as pointed out by one of the lawyers involved; a kidney is not a marital asset to be divided. The sensationalist overtones of the Batista case aside, it is clear that ownership of biological material is one of the most challenging issues in bioethics today. Arguably, a strongly contributing factor is that it is not particularly clear what it means to own biological material. Which are the rights and obligations that we have with regards to our own, and other people’s, biological material?
Read More »A kidney for a heart – some thoughts on ownership of biological material