Mom, 8-year-old son die from food poisoning at all-inclusive resort while on family vacation, lawsuit says

Two family members are dead after contracting food poisoning from a buffet at an all-inclusive resort in the Dominican Republic, a lawsuit says. (Source: Meghan Hull Jacquin of Howie, Sacks & Henry LLP/Canva/DCC Gray News)
Published: Feb. 6, 2025 at 12:41 PM PST|Updated: 8 hours ago

(Gray News) – A Canadian family of four took a trip to an all-inclusive resort in the Dominican Republic, but only two of them returned home.

According to a news release published last week, April and Stephen Gougeon booked a one-week stay at the Viva Dominicus Beach by Wyndham Resort in December 2023. They brought their two young sons Oliver and Wesley with them.

The news release said that all four members of the Gougeon family were fighting for their lives at the hospital after they got sick with food poisoning from a buffet at the resort.

The family has filed a lawsuit against the resort and is seeking $10 million in damages.(Meghan Hull Jacquin of Howie, Sacks & Henry LLP)

The family reportedly got sick less than 24 hours after arriving at the resort.

According to the lawsuit, the family ate food from the buffet around 9 p.m. on Dec. 28, 2023, the night they arrived at the resort. They all became violently ill by 6 a.m. the following morning.

The news release said the family made “repeated requests for medical assistance that went unanswered.”

The lawsuit claims the resort staff did not help transport the family to the resort’s health clinic until later that afternoon following repeated calls for help, and by then, all four family members had to be taken out of their room in wheelchairs.

At a local hospital, mom April and son Oliver, 8, died from their illness.(Meghan Hull Jacquin of Howie, Sacks & Henry LLP)

At the resort’s health clinic, all four family members were provided with intravenous treatment and antibiotics. Ambulances were called to transport the family to the hospital.

Upon arrival at the hospital, the lawsuit states that Oliver was experiencing breathing difficulties and was given oxygen and a sedative. Shortly after, he suffered cardiac arrest and died.

April was also experiencing breathing difficulties and was placed on a ventilator when she became unconscious. She died shortly after.

“By the time the family arrived at the local hospital, it was too late,” the news release said.

Dad Stephen Gougeon and their other son Wesley received treatment for two days before being released.

“I waited until the next morning to tell Wesley that his mother and brother had died. It was the hardest thing I have ever done,” Stephen Gougeon said in a statement.

The Gougeon family took the trip in December 2023, where all four members became violently ill after eating food from the buffet.(Meghan Hull Jacquin of Howie, Sacks & Henry LLP)

A Coroner’s Report conducted in the Dominican Republic concluded that April and Oliver Gougeon died from secondary causes related to food poisoning.

April Gougeon was 41, and Oliver was just 8 years old.

It’s unclear exactly what foods the family ate from the buffet, and the type of food poisoning they suffered wasn’t stated in the lawsuit.

After a year of grieving, Stephen Gougeon is coming forward to speak about the traumatic events that changed his life forever.

“Flying back home without April and Oliver sitting beside as they had done just days earlier is indescribable,” Stephen Gougeon said in a statement. “We planned this trip so our family could get some rest and relaxation. The thought that something like this could happen was the furthest thing from our minds.”

Stephen Gougeon, along with extended family members, filed a civil lawsuit on Jan. 27 against the resort.

The lawsuit shows the family is suing for $10 million in damages.

Dad Stephen and son Wesley were treated at the hospital for two days before they were released.(Meghan Hull Jacquin of Howie, Sacks & Henry LLP)

The lawsuit alleges the resort had poor sanitary conditions in food preparation areas, absence of timely onsite medical evaluation and treatment, and poor training of staff to identify and deal with emergencies.

“We called asking for help,” Stephen Gougeon said in a statement. “They did not take our call seriously, did not follow up on our request for medical help, and did not check in on us. When they finally responded after our further plea, there appeared to be confusion about how to handle the situation. These delays cost precious time that could have been used to treat our illness. And in the end, it cost my wife and my son their lives.”

Lawyers said the family was failed “on so many levels.”

“We would give anything to have April and Oliver back with us,” Stephen Gougeon said in a statement. “We know that can’t happen. But if we are able to compel these companies to answer to their failings, maybe we will save other families from knowing the pain we felt and still feel every day.”

Wyndham Hotel Canada II Inc., Air Transat Holidays A.T. Inc., Transat Tours Canada Inc., Viva Dominicus Beach by Wyndham, and Clinca Canela are all listed as defendants in the lawsuit.

The family is being represented by Meghan Hull Jacquin, a personal injury lawyer at Howie, Sacks & Henry LLP.

According to CBC News, Wyndham Hotels acknowledged The Canadian Press’ request for comment but did not provide one.