Proposed class-action lawsuit over labour-inducing drug back in court

A hearing began Tuesday to determine if a class-action lawsuit can proceed against Horizon Health Network and a former obstetrics nurse at the Moncton Hospital.

The suit is filed on behalf of mothers who believe they were improperly given a labour-inducing drug at the hospital. It alleges Nicole Ruest, who worked in the labour-and-delivery unit between 2010 and 2019, administered oxytocin to "hundreds" of patients without their consent.

Ruest, who was fired by Horizon in 2019, denies any wrongdoing. The allegations have not been proven in court. Crown prosecutors determined there wasn't enough evidence to proceed with charges after an RCMP investigation.

A certification hearing, which determines if a lawsuit can proceed as a class action instead of case-by-case,began in October 2021. But the proceedings came to a halt after the plaintiffs' lawyers were contacted by a doctor, claiming to have new information about what the hospital knew, and when.

The hearing must prove a class-action lawsuit provides access to justice for plaintiffs, judicial economy and could result in behaviour modification.

Drug allegedly led to 'traumatizing' deliveries

Layers for the plaintiffs have presented affidavits from eight women who say they experienced "traumatizing" deliveries due to the alleged administration of oxytocin through tainted IV bags.

In some cases, mothers say the drug prompted painful emergency caesarian sections, including one instance without anesthesia.

Oxytocin is a drug used during labour and delivery that causes contractions. It can be dangerous for the health of the fetus as it can affect fetalheart rate and cut off oxygen supply.

Lawyer John McKiggan, of Halifax-based firm McKiggan Hebert Lawyers, and Virginia Gillmore of Fidelis Law in Moncton, are representing the mothers.

McKiggan told court the proposed class includes all persons who allegedly received oxytocin that was improperly administered by Nicole Ruest, between September 2010 and March 2019, and suffered harm or losses as a result.

Chief Justice Tracey DeWare asked the plaintiffs' lawyers if thosewho gave birth would know if they had beenadministered the drug by Ruest.

McKiggan said two mothers were told by the hospital they were improperly administered oxytocin by a nurse, at the same time Ruest was fired. He said others knew she was their nurse, are able to recognize her in photos, or can look at their medical charts.

"They will be able to determine, to some degree of confidence, that Nicole Ruest was involved."

Horizon argues suit should not proceed

Lawyers representing the defendants want a ruling against certification and have argued the allegations do not meet the requirements for a class-action suit.

Lawyer Ryan Burgoyne of the firm Cox & Palmer, representing Horizon, raised issues with the proposed class definition. He argued the word "alleged" prevents determining who may have received oxytocin, without looking at individual claims.

"They could allege without any objective grounds that they were administered oxytocin and suffered harm," Burgoyne said.

Burgoyne said breach of the standard of care could not be determined on a class-wide basis. He said there are not enough facts in the statement of claim to determine how Ruest allegedly administered oxytocininappropriately.

"We do not litigate class actions based on hypothetical scenarios," he said.

"All they have are those stats and those stats do not give you any indication what is going on."

The certification hearing will continue on Tuesday.