Proposed class-action lawsuit involving former Moncton nurse back in court
Lawsuit launched against Nicole Ruest and the Horizon Health Network
Lawyers involved in a proposed class-action lawsuit against former Moncton nurse Nicole Ruest and the Horizon Health Network met by conference call Friday to set dates for the next steps in the process.
Ruest was fired in March of 2019 after women at the Moncton Hospital were allegedly given labour-inducing oxytocin without their consent.
An internal investigation by the Horizon Health Network found two women required urgent C-sections after receiving the hormone.
The proposed class-action lawsuit was launched against the Horizon Health Network and Ruest on behalf of women who were allegedly "inappropriately" given the labour-inducing drug at the hospital.
Jayde Scott, 26, is the representative plaintiff of the proposed class-action suit, filed by the Halifax-based firm McKiggan Hebert and Fidelis of Moncton in April of 2019. It has not yet been certified.
Horizon Health Network has filed a statement of defence and a cross claim against Ruest. Fredericton lawyer David Hashey of the law firm Cox and Palmer is representing the health authority.
The lawsuit alleges that Ruest for years administered oxytocin to pregnant women without their knowledge or consent, through a punctured saline IV bag in at least one case.
Ruest denies the allegations in her statement of defence, which was filed by Polley Faith LLP of Toronto and contains a cross claim against the Horizon Health Network.
None of the allegations has been tested in court.
In the conference call Friday at the Court of Queen's Bench, Chief Justice Tracey DeWare heard from lawyers representing all of the parties as they went over what will happen next.
Justice DeWare said the case management conference had been requested by the plaintiff in the case.
"Today we're just hoping to get some assistance in setting dates for the next steps," lawyer John McKiggan said.
McKiggan said the matter has dragged on longer than necessary.
"We just want to move this along, Madame Justice," he said.
Lawyers spent about 20 minutes discussing paperwork and dates. They agreed to having motion records and supporting documents sent to the defendants by Dec. 18.
A followup conference call will be held on Jan. 18.
Justice DeWare has set aside the week of Sept. 20, 2021 for a certification hearing – a required step for a class-action lawsuit to determine if the case can proceed.
On July 7, 2020, RCMP announced no criminal charges would be laid against Ruest. Public Prosecutions Services reviewed the file and determined there wasn't enough evidence to proceed with charges.