New information delays class-action lawsuit over labour-inducing drug
CBC
A new issue raised in a Moncton courtroom on Tuesday has delayed a hearing to determine if a class-action lawsuit can proceed against Horizon Health Network and a former obstetrics nurse.
The certification hearing began Monday for the lawsuit filed on behalf of mothers who believe they were improperly given oxytocin at the Moncton Hospital.
The suit alleges Nicole Ruest, who worked in the labour and delivery unit between 2010 and 2019, administered the labour-inducing drug to pregnant women without their consent. Both Ruest and Horizon are named as defendants.
On Tuesday, lawyer John McKiggan, representing the women, brought new information to the attention of the court that arose overnight.
After the issue was briefly explained, Andrew Faith, Ruest's lawyer, asked for an interim ban on making it public. There were no objections, and Justice Denise LeBlanc of the Court of Queen's Bench imposed the publication ban.
The hearing was expected to continue on Tuesday with arguments from Ruest's lawyers, but Faith also requested an adjournment, which was granted and will delay the hearing.
Lawyers representing the defendants want a ruling against certification and have argued the case does not meet the standards to proceed as a class action.
Plaintiff lawyers have argued the lawsuit should include women who believe they were improperly administered the drug during that time period and suffered harm as a result.
Oxytocin is a drug used in labour and delivery that causes the uterus to contract. It can be dangerous for the health of the fetus as it can cut off oxygen supply and affect fetal heart rate.
McKiggan of McKiggan Hebert Lawyers, and Mathieu Picard and Virginia Gillmore of Fidelis Law are representing the women.
McKiggin said the delay before the courts is "unavoidable" and appropriate given the new issue.
"There's no doubt that the mothers that we represent have been waiting a long time for answers," he said in an interview outside the courthouse. "Our feeling is that it is best to let the court have all of the information before it, in order to make the best decision possible."
The certification hearing is to determine if a class action is preferable to litigation on a case-by-case basis. Lawyers representing the plaintiffs must prove it provides access to justice, judicial economy and could result in behaviour modification.
Picard said about 300 women have contacted his law firm after seeing media coverage of the proposed lawsuit.
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