Deadly food poisoning incident at Dominican resort prompts legal action; Transat refutes allegations

Transat is refuting allegations in a civil lawsuit that has been filed over the death of two Canadians who reportedly succumbed to food poisoning while on holiday at an all-inclusive resort in the Dominican Republic in late 2023

On Monday (Jan. 27), Howie, Sacks & Henry LLP, a Toronto-based personal injury law firm, announced that Stephen Gougeon and other family members, are taking legal action against several travel companies, including Wyndham Hotel Canada II, Air Transat Holidays A.T, Transat Tours Canada, Viva Dominicus Beach by Wyndham, and Clinica Canela, the on-site medical clinic at the resort.

According to a press release issued by the law firm, four members of the Gougeon family became sick and were “fighting for their lives” less than 24 hours after eating at a buffet at the Viva Dominicus Beach by Wyndham Resort in La Romana in December 2023.

Stephen’s wife, April, and their son, Oliver, died, while Stephen and the family’s other child, Wesley, both recovered.

The law firm says that after getting sick, the family “made repeated requests for medical assistance that went unanswered” and headed to a local hospital, where treatment began “too late” for April and Oliver, who reportedly passed away shortly after arriving.

A Coroner's Report conducted in the Dominican Republic concluded that April and Oliver died from secondary causes related to food poisoning, the law firm said.

"Flying back home without April and Oliver sitting beside as they had done just days earlier is indescribable,” said Stephen in the release. "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 and his wife booked the trip with “well-known companies,” Air Transat and Wyndham Hotels and Resorts, because they thought they would have high health and safety standards, the firm said.

The claim alleges the family saw “poor sanitary conditions in the food preparation areas, the absence of timely onsite medical evaluation and treatment, and the poor training of staff to identify and deal with emergencies.”

“This combination of errors created the conditions necessary for this tragedy to unfold,” the law firm said.

Stephen said that after calling for help, the property “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,” he said.

Meghan Hull Jacquin, a personal injury lawyer at Howie, Sacks & Henry LLP who is representing the family members, said the extent of negligence in this case is “shocking.”

"The Gougeon family was failed on so many levels. Tens of thousands of Canadians purchase these all-inclusive packages each year thinking a resort vacation is safe,” Hull Jacquin said in a statement. “The Gougeons are taking action against the companies whose negligence allowed this to happen, not only to get answers and realize a sense of justice for themselves, but to shine light on these events, effect change in the failed processes and procedures and ideally protect other vacationers from having to experience anything similar."

"We would give anything to have April and Oliver back with us," Stephen says. "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."

In the release, Stephen Gougeon said he hopes the legal action will prevent another case from happening again.

According to an obituary posted online for the mother and son, their funerals were held in Bowmanville, ON, and they were laid to rest at a cemetery on Kingston Road in Toronto.

April is described a “devoted mother and a nurturing spirit, loved by all for her gentle and kind manner,” as well as “a talented lawyer.” Oliver (known as Ollie), meanwhile, was “a sensitive spirit with a kind heart and an amazing talent for art” whose personality “found him with many friends.”

Transat refutes allegations 

Transat, which is named in the claim, responded to the press release in a statement to PAX on Monday (Jan. 27).

“We are deeply saddened by the passing of April and Oliver Gougeon in December 2023 in La Romana and once again wish to extend our sincerest condolences to their loved ones,” the company wrote.

“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.”

“We refute the allegations made against us,” the company goes on to say. “However, considering legal proceedings appear to have been instituted, we are unable to provide additional details or further comments.”

“Our thoughts remain with the Gougeon family and all those affected by this the passing of April and Oliver Gougeon.”

PAX has also reached out to Wyndham Hotels for comment.  

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