Kidney not subject to Equitable Distribution
In my prior post on the now infamous kidney case, the husband was claiming a distributive award for the value of the kidney he donated to his wife.In a non shocking decision, Referee A. Jeffrey Grob denied the husband’s request for an expert to give testimony to value the donated kidney. The court ruled:
At its core, the defendant’s claim in appropriately equates human organs with commodities
Referee Grob noted that public health law Section 4307 prohibits the transferring of anything of value, any human organ for use in human translation, and that a violation is considered a class E felony. The court stated that the husband’s request would not only run afoul of this statute, but may subject him to criminal prosecution as well.
So there you have it. Donated organs are not subject to equitable distribution. It probably took the husband tens of thousands of dollars in legal fees to have a court rule on this too.
