Mom and Son Allegedly Die from Food Poisoning at All-Inclusive Resort While on Vacation. Now the Family Is Suing

Mar. 15, 2025

A Canadian family has now filed a $10 million lawsuit after they say a mother and son suffered fatal food poisoning at an all-inclusive resort during a vacation to the Dominican Republic in 2023.

The mother and son experienced “breathing difficulties” after being transported to a local hospital, where they both later died, the lawsuit states.

Family members are suing Wyndham Hotels, Air Transat Holidays A.T. Inc., Transat Tours Canada Inc. — both Transat entities sold the vacation packages, the complaint states — as well as the on-site medical clinic and several parties for “gross negligence in food safety and emergency response,” according to astatementfrom 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 said.

Air Transat disputes the lawsuit and has offered their condolences.

April and Stephen Gougeon with sons Oliver and Wesley.Courtesy of Gougeon family

Courtesy of Gougeon family

The family’s lawsuit alleges various kinds of negligence about the food preparation and food service related to the buffet where they dined.

The next day, all four members of the family were “nauseous and vomiting” around 6 a.m., about nine hours after they ate at the buffet, per the court documents.

Stephen called the medical clinic at the resort but “was told that no one could attend at the hotel room” and that the Gougeon family had to go to the clinic themselves, the suit claims.

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“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.

After another phone call around 2:30 p.m., medical personnel allegedly went to the Gougeon family’s room and transported all four members to the clinic in wheelchairs, according to the lawsuit. The family was “provided intravenous treatment and antibiotics” before an ambulance was called to take them to a local hospital.

Stephen and Wesley were treated at the hospital for two days “before returning home to Canada.” But April and Oliver did not survive.

Oliver was given oxygen and a sedative after “experiencing breathing difficulties” upon arriving at the hospital, according to the documents. He went into cardiac arrest a short time later and ultimately died. April experienced similar breathing issues when she arrived at the hospital and “became unconscious” after she was placed on a ventilator. She, too, died a short time later.

A coroner determined that April and Oliver “died from secondary causes related to food poisoning,” per the family’s lawsuit.

Other details about their causes of death — and whether other guests became sick — are not listed in the documents.

The defendants are also accused of having “dismissed or downplayed initial complaints or signs of distress,” and “failed to provide a timely response to the family’s call for help.”

“After the onset of the symptoms of illness of April, Oliver, Stephen and Wesley, [the defendants] failed in not identifying or recognizing the signs and symptoms of a medical emergency, leading to a delayed response,” the suit claims.

The Gougeons' lawyer said 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,” Stephen Gougeon said in statement through his law firm.

“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 and Resorts and Clinica Canela did not immediately respond to PEOPLE’s requests for comment.

source: people.com