Top court certifies class action alleging misuse of labour-inducing drug

A class action lawsuit alleging women were improperly given a labour-inducing drug by a nurse in Moncton has been certified by New Brunswick's top court.

The Court of Appeal ruled Thursday that the case filed in 2019 against Horizon Health Network and former Moncton Hospital nurse Nicole Ruest can move ahead.

The decision overturns a lower court ruling, saying Court of King's Bench Chief Justice Tracey DeWare made errors in her 2023 decision to not certify the case. Certification is a procedural step before a class action lawsuit can proceed.

"The Court of Appeal's decision is wonderful news for Jayde Scott and the other class members to receive just before Christmas," John McKiggan, co-lead counsel for the plaintiffs, said in an emailed statement Friday. 

Scott is the representative plaintiff of the class action, alleging Ruest improperly gave her oxytocin while she was admitted to the Moncton Hospital's labour and delivery unit. 

The drug is used to induce contractions, but Scott alleges Ruest administered it without her knowledge, resulting in an emergency caesarian section.

Ruest worked in the hospital's labour and delivery unit from September 2010 to March 2019. She was fired after Horizon carried out an internal investigation.

McKiggan has said in court that as many as 200 women have contacted the lawyers to voice similar complaints. The appeal court ruling notes that statistical evidence showed an unusually high number of emergency deliveries at the hospital during the period in question.

"The women who are part of this class will now have a path to get the answers they deserve," McKiggan said. "They will finally be able to learn how this terrible situation was allowed to happen and get some measure of accountability."

A class action is a civil lawsuit where one or more people, serving as representative plaintiffs, can sue on behalf of a larger group, or class, alleging common issues instead of each person filing separate lawsuits. 

DeWare ruled in November 2023 that she was unable to conclude there was an identifiable class with common issues that could be dealt with as a class action case. Her decision was appealed. 

The decision on Thursday by justices Ernest Drapeau, Kathleen Quigg and Charles LeBlond says DeWare carried out an improper analysis, resulting in errors in her ruling. They ordered that the class action be certified. 

Horizon and Ruest's lawyers have yet to comment on the decision and whether they will appeal the decision at the Supreme Court of Canada.