Court of Appeal Certifies Class Action Lawsuit Against Health Authority and Former Nurse – CTV Atlantic
A New Brunswick mother is celebrating an early Christmas present as the province’s top court has given the green light to her class action lawsuit. The lawsuit names Horizon Health and a former nurse as defendants. This decision comes after a group of women claimed they were given a labor-inducing drug at the Moncton Hospital without consent.
The lead plaintiff, Jayde Scott, underwent an emergency c-section while delivering twins in 2019, allegedly due to the administration of oxytocin without her permission. Oxytocin is typically used to induce labor by stimulating uterine contractions.
John McKiggan, co-counsel for the plaintiffs, expressed relief over the court’s ruling just in time for the holidays. He acknowledged that there are potentially hundreds of other mothers who believe they suffered injuries due to similar actions by the hospital and the nurse.
While Crown prosecutors decided not to press charges against the nurse in 2020, the allegations against her and the health authority have yet to be tested in court. This lawsuit is considered a unique case in Canada, possibly the first of its kind, where a nurse is accused of secretly administering oxytocin and leading to emergency c-sections.
In response to the court’s decision, the nurse’s lawyer, Andrew Faith, stated that they will vigorously defend against the claims. Nicole Ruest continues to deny the allegations, emphasizing that they are unproven.
Horizon Health declined to comment on the ongoing legal matter, explaining that it remains active and unresolved. Ruest was terminated from her nursing position in 2019 following accusations of improperly administering oxytocin.
Although the RCMP concluded its investigation in 2020 without any criminal charges, this class action lawsuit against the nurse and health authority continues to move forward. For the latest updates on New Brunswick news, visit our dedicated provincial page.
