Canada's top court asked to review class action decision on labour-inducing drug
N.B. Court of Appeal ruled in December case against health authority and former nurse could proceed
Canada's top court has been asked to review a lower court decision in a lawsuit alleging mothers at the Moncton Hospital were given a labour-inducing drug without their consent.
The case at issue is a class action lawsuit filed against Horizon Health Network and former Moncton hospital nurse Nicole Ruest.
The Supreme Court of Canada website shows Horizon and Ruest both sought leave to appeal, or permission to appeal, this month.
It's not clear yet if the court will hear the case. The Supreme Court only hears a small number of cases the judges consider to be of public importance.
Horizon, one of two regional health authorities in New Brunswick, declined to comment.
Guy Pratte, a lawyer represented Ruest, said in an email that leave to appeal has been sought "asking the court to clarify the circumstances when class actions are appropriate so that she can defend herself in the context of an appropriate and fair process."
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.
Jayde Scott is the representative plaintiff in the case filed in 2019. The case alleges Ruest gave Scott oxytocin at 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.
In 2023, New Brunswick Court of King's Bench Chief Justice Tracey DeWare ruled the class action should not be certified.
In December, New Brunswick's Court of Appeal ruled that DeWare made errors in her decision and certified the class action, allowing the case to proceed.
At the time, a lawyer representing the plaintiffs said they were pleased.
"The women who are part of this class will now have a path to get the answers they deserve," John McKiggan said in a December statement. "They will finally be able to learn how this terrible situation was allowed to happen and get some measure of accountability."
Horizon sought leave to appeal on Feb. 14, according to the Supreme Court website. Ruest followed on Feb. 17.
Horizon and Ruest both previously filed statements of defence in the case denying any wrongdoing.
ABOUT THE AUTHOR
