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Stephen Gougeon, right, has filed a lawsuit over the deaths of his wife, April Gougeon, second from left, and 8-year-old son Oliver Gougeon, left (Howie, Sacks & Henry LLP).
A Canadian man whose wife and 8-year-old son got sick and died after eating at a buffet at a Dominican Republic resort within 24 hours of arriving at their destination has filed a wrongful death lawsuit.
Stephen Gougeon, 38, filed his nearly $7 million lawsuit on Jan. 27, in the deaths of his wife, April Gougeon, 41, and his son Oliver Gougeon.
“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 said in a statement through his lawyer.
In an interview with the New York Times, he said, “I don’t think I’ll ever recover. I’ve lost my wife, who I loved so much, and my son, who was just such a beautiful person and who I was so looking forward to seeing grow up.”
The lawsuit names Wyndham Hotels and Air Transat as defendants.
An Air Transat spokesperson said the company is “deeply saddened” by the deaths but refutes the allegations, People magazine reported.
“At the time of these events, we supported the Gougeon family,” the statement said. “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.”
Wyndham Hotels and Resorts did not immediately respond to a request for comment from Law&Crime.
The events leading to the Dec. 29, 2023, deaths began when the Gougeons traveled with their two sons, Oliver and Wesley, to the Dominican Republic.
At the Viva Dominicus Beach by Wyndham Resort, the family ate at a buffet and then got sick, the family’s lawyer said. The family went to the resort’s on-site clinic, but their conditions worsened.
April and Oliver died at local hospitals — with a coroner’s report in the Dominican Republic saying they died from secondary causes related to food poisoning, the lawyer said.
The lawsuit alleges poor sanitary conditions in food preparation areas, the absence of timely onsite medical evaluation and treatment, and the poor training of staff to identify and deal with emergencies.
“We called asking for help,” Stephen Gougeon said. “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.”
Meghan Hull Jacquin, the lawyer representing the family, said the extent of negligence in the case is shocking.
“The Gougeon family was failed on so many levels,” she said. “Tens of thousands of Canadians purchase these all-inclusive packages each year thinking a resort vacation is safe. 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.”
An obituary said April was a devoted mother and a nurturing spirit.
“She was the first one to assist when others were in time of need,” the obituary said. “She was a talented lawyer and family was her greatest joy.”
Oliver was a sensitive spirit with a kind heart and an amazing talent for art, the obituary added.
“His individuality and uniqueness showed in the many drawings and sketches he loved to do,” it read. “He was an amazing big brother and best friend with Wesley. Ollie’s easy-going personality found him with many friends.”