A Canadian family is seeking $10 million in damages following the tragic deaths of a mother and son who allegedly succumbed to food poisoning after eating at a buffet at the Viva Dominicus Beach by Wyndham Resort in the Dominican Republic. The lawsuit, filed in Ontario Superior Court, alleges gross negligence in food safety and emergency response on the part of the resort, the tour operator, and the on-site medical clinic.
A Dream Vacation Turned Nightmare: The Gougeon Family Tragedy
April and Stephen Gougeon, along with their two sons, Wesley and Oliver, embarked on what they hoped would be a memorable family vacation to the Dominican Republic in December 2023. However, their trip took a devastating turn after their first night at the all-inclusive Viva Dominicus Beach by Wyndham Resort. After dining at the resort’s buffet, all four family members began experiencing severe nausea and vomiting just nine hours later.
According to the lawsuit, Stephen Gougeon contacted the resort’s medical clinic for assistance but was informed that personnel could not visit their room and that the family would have to come to the clinic themselves. Despite explaining their debilitating condition, Stephen was reportedly told that this was standard policy. It wasn’t until a second call, hours later, that medical staff finally arrived, transporting the family to the on-site clinic in wheelchairs.
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Following intravenous treatment and antibiotics at the clinic, the family was transferred to a local hospital by ambulance. While Stephen and Wesley received treatment for two days and eventually returned to Canada, April and Oliver tragically passed away. Upon arrival at the hospital, Oliver experienced breathing difficulties, was sedated and given oxygen, but ultimately succumbed to cardiac arrest. April suffered similar respiratory distress, lost consciousness after being placed on a ventilator, and also passed away. A coroner later determined that both April and Oliver died from secondary causes related to food poisoning.
Allegations of Negligence and the $10 Million Lawsuit
The lawsuit filed by the Gougeon family names Wyndham Hotels, Air Transat Holidays, Transat Tours Canada, the resort’s medical clinic, and other related parties as defendants. The family’s lawyer, Meghan M. Hull Jacquin, stated that the legal action seeks justice, accountability, and systemic change to prevent future tragedies. The suit alleges that the defendants demonstrated gross negligence in several areas, including food handling and preparation, staff training in food safety protocols, and emergency response procedures.
Specifically, the lawsuit claims that the defendants:
- Failed to maintain proper hygiene and sanitation standards in the buffet area, leading to contaminated food.
- Did not adequately train staff in safe food handling practices, increasing the risk of foodborne illnesses.
- Dismissed or downplayed the family’s initial complaints of illness, delaying crucial medical intervention.
- Failed to provide a timely and appropriate response to the family’s urgent need for medical assistance.
- Did not have adequate medical personnel or resources available to handle the emergency effectively.
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Seeking Justice and Preventing Future Tragedies
The Gougeon family’s lawyer emphasizes that this lawsuit is not just about financial compensation but also about holding those responsible accountable and implementing necessary changes to ensure the safety of future travelers. Stephen Gougeon, in a statement released by the law firm, expressed the family’s devastation and disbelief that such a tragedy could occur.
Air Transat, in response to the lawsuit, expressed sadness over the deaths but refuted the allegations against them, stating they acted with diligence and chose their suppliers carefully. Wyndham Hotels acknowledged the request for comment but did not immediately provide one. Clinica Canela, the on-site medical clinic, also did not respond to requests for comment. This tragic incident underscores the importance of rigorous food safety standards and effective emergency response protocols at all-inclusive resorts to protect the health and well-being of vacationers.
Frequently Asked Questions about Food Poisoning at Resorts
What are common causes of food poisoning at resorts? Food poisoning can be caused by bacteria, viruses, or parasites found in contaminated food or water. Poor hygiene practices, improper food storage, and inadequate cooking temperatures can contribute to the spread of these contaminants.
What are the symptoms of food poisoning? Symptoms can vary but often include nausea, vomiting, diarrhea, stomach cramps, fever, and headache.
What should you do if you suspect food poisoning at a resort? Seek medical attention immediately, especially if symptoms are severe. Report the incident to the resort management and keep records of your symptoms, medical treatment, and expenses.
What are the legal rights of travelers who experience food poisoning at a resort? Travelers may be able to file a lawsuit against the resort, tour operator, or other responsible parties to seek compensation for medical expenses, lost wages, pain and suffering, and other damages. Consulting with a lawyer specializing in personal injury or travel law is recommended.
