April and Oliver Gougeon were rushed to a local hospital after experiencing severe breathing difficulties, but tragically, both passed away, according to the newly filed lawsuit.
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A Canadian family has filed a $10 million lawsuit after claiming that a mother and son suffered fatal food poisoning while vacationing at an all-inclusive resort in the Dominican Republic in 2023.
April and Oliver Gougeon tragically died in December 2023 after consuming food from a buffet at Viva Dominicus Beach by Wyndham Resort and subsequently falling ill, according to a lawsuit filed in Ontario Superior Court on Monday, Jan. 27, and obtained by PEOPLE.
The lawsuit states that the mother and son experienced severe breathing difficulties after being rushed to a local hospital, where they later passed away.
Family members are now suing Wyndham Hotels, Air Transat Holidays A.T. Inc., Transat Tours Canada Inc., the on-site medical clinic, and several other parties, alleging gross negligence in food safety and emergency response, according to a statement from their lawyer, Meghan M. Hull Jacquin.
“A year after a devastating incident at a Dominican Republic resort claimed the lives of April and Oliver Gougeon, the family is speaking out to prevent similar tragedies,” Jacquin stated.
Air Transat has disputed the lawsuit but expressed condolences to the grieving family.
April and her husband, Stephen Gougeon, arrived in the Dominican Republic with their sons, Wesley and Oliver, on December 28, 2023, according to court documents. That evening, around 9 p.m. local time, the family dined at the resort’s buffet, consuming food prepared and served by the staff.
By the following morning, at approximately 6 a.m., all four family members began experiencing severe nausea and vomiting—about nine hours after their meal, the lawsuit states.
Concerned for their health, Stephen called the resort’s on-site medical clinic, but was allegedly told that no medical staff could come to their hotel room. Instead, the family was instructed to make their way to the clinic themselves, according to the lawsuit.
April and Stephen Gougeon with sons Oliver and Wesley. Courtesy of Gougeon family
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“Despite communicating the urgency of the request and the Gougeon family’s inability to go to the clinic unassisted due to their deteriorating conditions, the lawsuit states that Stephen was informed it was clinic policy for medical personnel to remain on-site.
After another phone call around 2:30 p.m., medical staff allegedly arrived at the family’s hotel room and transported all four members to the clinic in wheelchairs, according to the lawsuit. Once there, they were administered intravenous treatment and antibiotics before an ambulance was called to take them to a local hospital.
April and Stephen Gougeon with sons Oliver and Wesley. Courtesy of Gougeon family
Stephen and Wesley were treated at the hospital for two days before returning home to Canada, but tragically, April and Oliver did not survive.
Oliver was administered oxygen and a sedative after experiencing severe breathing difficulties upon arrival at the hospital, according to court documents. Shortly after, he went into cardiac arrest and passed away.
April experienced similar breathing issues upon reaching the hospital and became unconscious after being placed on a ventilator. She, too, passed away shortly thereafter.
A coroner’s report later concluded that April and Oliver died from secondary causes related to food poisoning, as stated in the family’s lawsuit.
The lawsuit accuses the defendants of negligence in both the handling and preparation of food at the buffet and failing to properly train staff in food safety protocols.
The family also claims that the resort dismissed or downplayed early signs of distress and failed to provide a timely response to the family’s call for help.
The Gougeons’ attorney stated that the lawsuit “aims to bring justice, accountability, and change to ensure the safety of future vacationers.”
“The thought that something like this could happen was the furthest thing from our minds,” said Stephen Gougeon in a statement through his law firm.
In a statement obtained by PEOPLE, an Air Transat spokesperson expressed their deep sadness over the deaths of April and Oliver but refuted the allegations made in the lawsuit.
“At the time of these events, we supported the Gougeon family. In such cases, we act with diligence, prudence, and compassion, making every effort to assist our clients. Moreover, we choose our suppliers with great care, and the hotel operator has assured us of its full cooperation with the authorities in shedding light on these tragic deaths,” the statement continued.
Wyndham Hotels acknowledged The Canadian Press’ request for comment but did not provide a response at the time, according to CBC News.
Wyndham Hotels and Resorts and Clinica Canela have not yet responded to PEOPLE’s requests for comment.
