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Horizon Health Oxytocin Class Action Lawsuit Overview:
- Who: New Brunswick mothers are fighting to have their class action lawsuit against a Moncton nurse and health care system certified
- Why: The mothers allege that the nurse administered oxytocin without their consent to induce birth, and the hospital did not have systems in place to stop the improper use of the drug.
- Where: The class action lawsuit is pending in Moncton, New Brunswick
New Brunswick mothers who allege that a Horizon Health nurse gave them oxytocin to induce birth without their consent are fighting to have their class action lawsuit certified by a judge in Moncton.
More than 200 women have come forward alleging that nurse Nicole Ruest gave them oxytocin without their knowledge between 2010 and 2019 while Ruest was working in the hospital’s labour and delivery unit, reports CBC. Seven women have given signed affidavits alleging harm caused by Ruest.
Ruest was fired from her position at the hospital in 2019, although no criminal charges were filed.
Oxytocin Drip Put Women, Infants at Risk, Says Class Action
In a 2020 class action lawsuit, Jayde Scott alleged that Ruest and Horizon Health Network committed negligence, systemic negligence, vicarious liability, and breach of fiduciary duty, resulting in hundreds of women suffering harm including unnecessary C-sections and premature births.
According to Global News, Ruest added the oxytocin to the IV saline drip during the laboring process. The result was an unusually higher than normal emergency C-section and assisted labor rate, the class action states.
Oxytocin causes the uterus to contract and speed up labour, and can be dangerous for babies because it can cut off oxygen to the fetus and affect fetal heart rate.
The lawyers representing the mothers argued that litigating the case as a class action was the most efficient way to move forward in a recent court hearing over Class certification.
“It would avoid the necessity of having hundreds of individual losses, having to retain medical experts,” he reportedly said.
The individual negligence is related to Ruest’s alleged actions, while the systemic negligence claims the health authority lacked proper procedures to prevent improper use of oxytocin, said the lawyer in the hearing.
Horizon Health Battles Class of Women Given Oxytocin Without Consent
Horizon Health argued that breach of standard of care could not be determined on a Class basis, adding there was no evidence of negligence, reports CBC News.
Lawyers representing Horizon Health argued that the allegations should be viewed as individual instances of malpractice. “All these issues are individual and can only be looked at by examining the medical records of each potential class member.”
She added that the lawsuit did not indicate the hospital was aware of any alleged wrongdoing by Ruest, and there was no evidence a lack of policies at the health authority resulted in harm.
Despite this, an internal Horizon investigation found “strong evidence” Ruest administered oxytocin to two patients without consent, which caused the women to require an emergency C-section, reports CBC.
Ruest has filed a defence statement denying the allegations.
Black and Indigenous women have allegedly been subjected to forced sterilization while giving birth in hospitals in Quebec and other provinces across Canada.
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The plaintiffs are represented by John McKiggan of McKiggan Hebert Lawyers, and Mathieu Picard and Virginia Gillmore of Fidelis Law.
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