A family has filed a $10 million lawsuit after a mother and son tragically died from suspected food poisoning while at an all-inclusive resort in the Dominican Republic.
April and Oliver Gougeon both sadly passed away in December 2023 after eating at the buffet at Viva Dominicus Beach by Wyndham Resort.
Their grieving family has claimed the food made them severely ill, leading to fatal complications.
The lawsuit, which was filed in Ontario Superior Court on January 27, accuses several parties of “gross negligence in food safety and emergency response,” according to a statement from their lawyer, Meghan M. Hull Jacquin.
April, her husband Stephen, and their two sons, Wesley and Oliver, arrived in the Dominican Republic on December 28, 2023.
That evening, around 9PM, the family consumed the food at the resort buffet. By the next morning, all four of them were “nauseous and vomiting," PEOPLE reported.
The father contacted the resort’s medical clinic, but the staff allegedly refused to send help and said the Gougeon family had to come to the clinic themselves.
“Despite communicating the urgency of the request and the inability of the Gougeon family to go to the clinic unassisted given their conditions, he was told that it was policy for the medical personnel to stay at the clinic,” the family's complaint states.
It wasn’t until hours later at 2:30PM that medical staff arrived and transported the family in wheelchairs. At the clinic, they were given "intravenous treatment and antibiotics" before being transferred to a local hospital.
Stephen and Wesley received treatment and were eventually able to return home to Canada. But April and Oliver's conditions deteriorated.
Oliver, who struggled to breathe upon arriving at the hospital, was given oxygen and a sedative. He went into cardiac arrest shortly after and passed away.
His mom experienced similar breathing difficulties and lost consciousness after being placed on a ventilator. She, too, died shortly after.
A coroner determined that both the mother and son passed from "secondary causes related to food poisoning,” per the lawsuit.
The court documents claim negligence in food handling and preparation at the resort’s buffet, as well as a failure to properly train staff in food safety. It also accuses the resort and medical personnel of "dismissing or downplaying" the family’s distress and delaying critical medical care.
“The thought that something like this could happen was the furthest thing from our minds,” Stephen said in a statement, adding that the lawsuit “aims to bring justice, accountability, and change to ensure the safety of future vacationers".
Air Transat, one of the defendants, told PEOPLE that they are "deeply saddened" by the deaths but "refute the allegations made against us".
"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 read.
Meanwhile, Wyndham Hotels acknowledged a request for comment from The Canadian Press but did not immediately respond, per CBC News.
The case remains ongoing as the Gougeon family fights for answers and accountability.