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Muir v. C.R. Bard Inc.6/21/1999
itted without objection. In addition, Dr. Russell stated in his first report that the transfusions were not contaminated with hepatitis C virus. We find the letters from Dr. Jeter and Dr. Worsham were cumulative to Dr. Campbell's testimony. Therefore, any error in the admission of the letters was harmless. See Taylor, supra (admission of improper evidence is harmless where it is merely cumulative to other evidence).
In a letter dated October 20, 1994, Dr. Sensenbrenner, Director of the Bone Marrow Transplantation Program at Harper Hospital in Detroit, Michigan, stated myelodysplasia frequently follows aplastic anemia, "myelodysplasia presents looking like aplastic anemia," and the two are "very hard to tell apart in about 15% of myelodysplasia cases." Dr. Campbell testified myelodysplasia is related to aplastic anemia. Further, in Dr. Russell's report dated September 19, 1996, he wrote there is medical literature associating aplastic anemia with progression to myelodysplasia. We conclude the letter from Dr. Sensenbrenner was cumulative to Dr. Campbell's testimony and Dr. Russell's report. Concomitantly, any error in the admission of the letter was harmless. See Taylor, supra (admission of improper evidence is harmless where it is merely cumulative to other evidence).
Bard claims Muir failed to lay a proper foundation for the EtO label. The efficacy of EtO sterilization was discussed with specificity by Dr. Roger Russell and Elizabeth Bruette. The label is cumulative to the testimony of Dr. Russell and Bruette. Thus, any error in the admission of the label is harmless. Id.
Lastly, Bard maintains the admission of Rivers Reams's deposition was error. In the one page of the deposition in the record, Reams discusses the condition of the catheters. His testimony is cumulative to Muir's and his assistant's descriptions of the catheters. Accordingly, we find any error in its admission harmless. Id.
CONCLUSION
We hold the trial court did not err in (1) affirming the Full Commission's decision Muir contracted an occupational disease, hepatitis C, as a direct result of his employment with Bard; (2) affirming the Full Commission's Conclusion Muir's aplastic anemia and myelodysplasia were caused by hepatitis C; (3) refusing to find the Commission violated Bard's due process rights; (4) failing to rule the Commission should have added Davol as a defendant; (5) affirming the Commission's Conclusion Muir's claim complied with S.C. Code Ann. § 42-11-70; (6) refusing to reverse the Commission's decision Muir gave timely notice of his claim pursuant to S.C. Code Ann. § 42-15-20; (7) failing to reverse the Commission's ruling Muir's claim was not barred by the statute of limitations, S.C. Code Ann. § 42-15-40; (8) refusing to reverse the Commission's holding Muir's claim was not barred by the doctrine of laches; (9) failing to award Bard a credit for short and long term disability payments it made to Muir; and (10) failing to find the Commission made prejudicial and erroneous evidentiary rulings warranting reversal of its decision. Accordingly, the order of the Circuit Court is
AFFIRMED.
CURETON and STILWELL, JJ., concur.
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