Father Seeks $7 Million for Food Poisoning Deaths in Dominican Republic
Stephen Gougeon, 38, a lawyer from Toronto, is seeking nearly $7 million in damages from the Viva Dominicus Beach by Wyndham resort, as well as a tour operator and other companies.
Mr. Gougeon said his family vacation in December 2023 turned into a nightmare after he, his wife, April Gougeon, and their two young sons ate at the buffet on the first night of their planned weeklong stay at Viva Dominicus Beach by Wyndham, one of a growing number of all-inclusive properties in the Caribbean nation.
The family awoke the next morning vomiting so intensely that they could not walk to the medical clinic at the resort.
'We couldn't even make it to the washroom,' Mr. Gougeon said in a phone interview.
He said he asked the clinic for urgent help but was told its policy barred it from tending to guests in their rooms. After calling again to plead for assistance later that afternoon, the four were moved using wheelchairs to the clinic and then by ambulance to a hospital.
At the hospital, his 8-year-old son, Oliver, went into cardiac arrest and died. April, 41, died while unconscious on a ventilator. Mr. Gougeon and his son Wesley, then 6, were hospitalized for two days.
Autopsies in the Dominican Republic concluded that April and Oliver died of secondary causes from food poisoning, according to the civil suit.
'I don't think I'll ever recover,' Mr. Gougeon said. '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 alleges the resort, the Transat Tours Canada tour operator and other companies are guilty of negligence because of improper food preparation, inadequate emergency protocols and staff training, and the lack of timely medical care.
The Viva Dominicus resort and Wyndham Hotels & Resorts, the owner of the Wyndham brand, did not respond to repeated requests for comment.
In a statement, Transat, through which the family purchased the vacation package that included flights and accommodation, rebutted the allegations in the suit.
'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,' the company said. '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 autopsies did not identify the pathogen or source of contamination. Buffet offerings that night included seafood, meats, fruit, breads and desserts, Mr. Gougeon recalled. 'Everyone was having a bit of a mix of everything.'
The Dominican Republic has emerged as one of the Caribbean's top tourist destinations after years of heavy investment in infrastructure to open it up to international visitors. It features dozens of all-inclusive resorts on palm-tree-lined sandy beaches overlooking turquoise waters, and is particularly abuzz with tourists in winter months.
In 2019, the nation drew unwanted international attention when at least 10 American tourists died there and reports emerged of other travelers being assaulted at resorts. An investigation by the F.B.I. found no wrongdoing, and that some deaths came from natural causes, but the events prompted questions about the country's medical responses and safety procedures.
According to government estimates, the number of visitors dipped 9 percent. But during the pandemic, the country quickly eased its entry rules for international travelers and tourism roared back. Last year, the Dominican Republic drew a record 11 million tourists, according to the government.
The Gougeon family booked their trip at the last minute, purchasing the vacation through Transat because it was known as a reputable company in Canada, Mr. Gougeon said.
'We had a lot of trust that we were doing something that was safe,' he said. 'We thought that they'd check all the boxes.'
Mr. Gougeon said he hopes the lawsuit would prompt the industry to improve its medical response.
'These resorts should have appropriate procedures for situations when people are ill and are unable to seek medical attention themselves,' he said. 'I don't think anyone should have to endure what I've endured.'
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