Admitted that it is unethical and illegal to sell or use an organ as a bargain for instrument or exchange it for anything of value; under Dr. Batista's circumstance, is it possible to infer that his donation was not freely made? The question should be, why did he do it? Because she was his wife, a good inference is that the donation was conditioned on her remaining the object of his affection, period! Dr. Batista was one (1) out of 700,000 whose kidney was a match to his ex-wife's; so it was a very expensive and invaluable piece of body-part to just give away. Were Dawnell not his wife, would the doctor have made the donation? The answer is obviously NO! So if the condition subsequent to the kidney donation fails, then there is no longer a subsisting valid donation; hence the subject matter donated must be returned to the rightful owner, which in this case is Dr. Give Me Back My Kidney? It is also admitted that donating an organ is considered a gift but it should equally be noted that some gifts are conditional-gifts; which in this case, by necessary implication, was subsequent to her continued love and affection. Dr. Batista gave to his better-half his body part first because she was his wife (condition-precedent) and secondly because she will continue to remain his wife (condition-subsequent). So when a condition attached to a gift fails for lack of performance or occurrence, the whole gift fails as in this case. Icheoku says, it appears this claim is not necessarily about a kidney but about a grieving husband who is emotionally having a great deal of difficultly coping with the loss of a wife's love and affection. He wants the world to partake in his heart's agony and hear him out before it is too late. From some statements credited to Dr. Batista, the doctor appears to be a man who is really agonising about losing the love of his life. Icheoku advises the good doctor who is out of luck with love and also appears to be irretrievably out of his kidney, to just calm down and move on with his life, rather than be tempted to join the retinue of the Scott Petersons of this world. Love is impetuous, hurts, and most times does not think properly. According to this whining doctor, "there is no deeper pain you can ever express than betrayal from someone who you loved and devoted your whole life to. I saved her life and then, to be betrayed like this, is unfathomable; It's incomprehensible, but the pain is unbearable! I feel humbled and betrayed and disregarded; this divorce is killing me.” It would appear that Dr. Batista is trying but woefully failing, to cope with his life of a broken heart. At the same time, it is quite obvious from his quest for a pound of flesh, that he is determined not to let his cheating ex-wife go with his healthy kidney!
The once-happy couple met two decades ago when Dr. Batista was a resident and Dawnell was a training nurse at North Shore Hospital. They were married in August 1990, and have three daughters celebrating with a lavish Long Island reception, and were soon living in a $1 million Massapequa home.
One other interested observer rated Dr. Batista's chances at recovering his donated kidney at somewhere between impossible and completely impossible. Icheoku strongly disagrees with one other analyst who is of the opinion that when you give something, you can't get it back; but says, that certain gifts are conditioned upon the occurrence or performance of certain act. So when there is a failed performance or non-occurrence of the act or event then such gift fails as may rightly be the case with the kidney here.