Milan Spisek (Of Counsel-White Plains) and Alan B. Friedberg (Partner-White Plains) obtained summary judgment in the U.S. District Court, Southern District of New York in a medical malpractice claim alleging a failure to timely diagnose and treat bilateral renal cell carcinoma resulting in a  right total nephrectomy, left partial nephrectomy, and likely  need for dialysis in the future due to Stage IV renal failure from a lower kidney mass. The plaintiff alleged that our client, an endocrinologist, and co-defendant internist failed to appreciate alleged complaints of weight loss, anemia, hematuria, early satiety and elevated LDH indicative of cancer. At issue was whether the ordering endocrinologist owed a duty to follow up on abnormal CBC values. On examination of the plaintiff’s expert in a federal court pretrial deposition, Milan was able to elicit agreement from the expert  that our client discharged his duties appropriately, when our client sent the abnormal CBC results to the codefendant with a summary of our client’s telephone conversation notes with the plaintiff indicating the plaintiff had anemia and needed a colonoscopy. Ultimately, this concession was sufficient for Federal Judge John Keenan to grant summary judgement in our client’s favor.