Nurse awarded $1.3 million in lawsuit against man who attacked her in Moncton hospital

A judge has ruled an Acadieville man who brutally assaulted Moncton nurse manager Natasha Poirier in 2019 and left her unable to return to full-time work owes her more than $1.3 million.

Bruce (Randy) Van Horlick was found guilty in 2020 of two criminal charges of assault and sentenced to six months in jail for attacking Poirier and nurse Teresa Thibeault at the Dr. Georges-L.-Dumont Hospital in March 2019.

Poirier filed a lawsuit against Van Horlick in 2020 seeking more than $1.5 million in compensation for loss of income and future earnings, and damages for assault, battery, mental suffering, and pain and suffering.

Court of Queen's Bench Justice Jean-Paul Ouellette issued a decision Tuesday ordering Van Horlick to pay $1,357,847 which accounts for loss of past and future income, damages, interest and the cost of the court action. 

"Mr. Van Horlick's conduct with respect to this vicious attack with the assault and battery in particular is plainly flagrant  and outrageous," the judge wrote in the decision.

"Ms. Poirier was cornered in her office and violently attacked by Mr. Van Horlick over a period of 11 minutes without provocation in her place of work while providing public service to patients of the hospital."

Van Horlick had failed to contest the allegations in the lawsuit. He didn't appear in court for the one-day trial on Jan. 10 and didn't have a lawyer representing him. That left the amount owed to Poirier as the main issue for the judge to determine.

Van Horlick told CBC late Tuesday that he had yet to receive a copy of the decision. He challenged the fairness of the criminal and civil trials, saying he didn't have money for a lawyer to represent him in the lawsuit and wasn't sure how to file an appeal. 

Kelly VanBuskirk, one of two lawyers who represented Poirier in the case, said they had yet to talk to her about the decision but anticipates she will be relieved this part of the process is over. 

VanBuskirk said the case should serve as an example of how people's behaviour can have consequences. 

Ability to pay unclear

It's unclear whether Van Horlick has the money to pay what's owed.

VanBuskirk said they'll "do what's necessary to ensure that every rock is turned over" to ensure she is paid.

"But she's realistic in that, and we are too, and now we're embarking on another phase of this process."

Abigail Herrington, another lawyer who represented Poirier, said there are several avenues in New Brunswick to get the money Poirier is owed. 

That can generally include filing to have the court sheriff seize assets or wages, further court actions to have a court examine a person's ability to pay and registering judgments against properties the person owns in New Brunswick or other provinces. 

It was a flagrant and outrageous assertion of power over her which provokes the indignation of this Court.- Justice Jean-Paul Ouellette 

At the time of the March 11, 2019 assault, Poirier supervised 53 others in a surgical unit. Van Horlick's wife was a patient in the unit. After his wife was moved to a room closer to the nurses station for closer observation, Van Horlick went to Poirier's office demanding she be moved to a quieter room. 

Shortly after, he pulled her from her chair by her hair, punched her on the temple, twisted an arm backward, twisted several of her fingers backward, threw her against a wall and assaulted another nurse who came to help. 

"It was a flagrant and outrageous assertion of power over her which provokes the indignation of this Court," the judge wrote.

Evidence presented in the case indicated she required several surgeries and was left with chronic pain, a brain injury, frequent headaches, sensitivity to light and sounds, anxiety, and post-traumatic stress disorder. 

During the civil trial, she testified the assault upended her life and has left her unable to work more than a few hours per week after previously working more than 60 at the hospital and with Veterans Affairs Canada. 

"It's not the same life anymore," she testified. "I don't have the same capacities anymore."

In the written decision, the judge noted that during the beginning of her testimony she was able to answer questions without searching for her words, but as the day continued she struggled more and more. 

She testified she had been unable to return to work at the hospital and was terminated by Vitalité Health Network in November.

The health network has not commented on her firing and her lawyer has indicated the New Brunswick Nurses Union is going through a grievance process related to the dismissal.