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Canadian Family Files $10M Lawsuit Over Food Poisoning Deaths

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Posted: 6th February 2025
Izabel Modano
April and Stephen Gougeon with sons Oliver and Wesley
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Canadian Family Files $10 Million Lawsuit Over Fatal Food Poisoning at Dominican Resort.

A Canadian family has filed a $10 million lawsuit following the tragic deaths of two family members who succumbed to food poisoning while staying at the Viva Dominicus Beach by Wyndham Resort in the Dominican Republic in December 2023.

April and her son Oliver Gougeon tragically passed away after consuming food from the resort’s buffet. The family claims the deaths were due to food poisoning, as detailed in the lawsuit filed in Ontario Superior Court on January 27, 2024.

The family accuses Wyndham Hotels, Air Transat Holidays A.T. Inc., Transat Tours Canada Inc., the resort’s on-site medical clinic, and other parties of gross negligence regarding food safety and emergency response. According to the family's lawyer, Meghan M. Hull Jacquin, this legal action aims to "bring justice, accountability and change to ensure the safety of future vacationers."

“The thought that something like this could happen was the furthest thing from our minds,” Stephen expressed in a news release from the law firm.

On December 28, 2023, the Gougeon family arrived at the Dominican Republic resort. By the morning after their meal at the buffet, the family members began suffering from nausea and vomiting. Despite urgent requests, the resort’s medical clinic was initially unresponsive to their needs. Medical assistance was eventually provided, but tragically, April and Oliver passed away after being transported to a nearby hospital.

A coroner’s report indicated that both deaths were due to "secondary causes related to food poisoning," adding weight to the family's claims.

The Gougeon family’s attorney emphasized that they want to prevent such tragedies from happening to others in the future. The lawsuit also accuses the resort of improper food handling and failure to train staff in food safety.

An Air Transat representative expressed their sadness over the deaths but denied the allegations, stating that they "acted with diligence, prudence, and compassion" to assist the family during the incident.

The family hopes that this lawsuit will not only bring justice but also push for better safety standards in the tourism industry to protect future travellers.

food poisoning cases for travellers cases in carribian places

Food poisoning cases involving travellers in Caribbean destinations are unfortunately not uncommon, especially in all-inclusive resorts. The warm climate, which accelerates bacterial growth, and inconsistent food safety practices, such as improper food storage and handling, can increase the risk of foodborne illness for vacationers. Here are a few notable examples of food poisoning incidents in Caribbean destinations:

1. Jamaica (2017)

A significant number of holidaymakers reported food poisoning symptoms after dining at multiple resorts in Jamaica. The illnesses, primarily attributed to undercooked meat, unsanitary food handling, and poor hygiene in some kitchens, led to dozens of complaints. Many guests were diagnosed with gastrointestinal issues like nausea, vomiting, and diarrhoea.

2. Dominican Republic (2018)

There were several reports of food poisoning and gastrointestinal illnesses among tourists staying at resorts in the Dominican Republic, particularly in 2018. A few high-profile cases involved families who ate from resort buffets and later fell ill with foodborne infections. In some tragic cases, these incidents led to hospitalizations and even deaths. Public concern led to heightened scrutiny of food safety at many all-inclusive resorts.

3. Mexico (2018)

While not in the Caribbean, Mexico’s Riviera Maya region is a popular travel destination, with frequent reports of food poisoning. Tourists have raised complaints about the risk of foodborne illnesses caused by contaminated or improperly handled food in all-inclusive resorts. In particular, salmonella and E. coli outbreaks have affected hundreds of travellers.

4. Bahamas (2019)

A number of travellers reported severe food poisoning after visiting the Bahamas in 2019. According to reports, some cases involved raw or undercooked seafood, a known risk factor for foodborne illnesses. Other guests experienced stomach upset after consuming food from hotel buffets or outdoor markets.

5. Cuba (2017)

An outbreak of food poisoning was reported in Cuba, affecting a large group of tourists at a popular resort in Varadero. Poor food storage, unsanitary practices in some kitchens, and exposure to contaminated water were identified as the possible causes. The Cuban government took steps to address the issue by implementing stricter food safety regulations in hotels.

Key Factors Leading to Food Poisoning in the Caribbean:

  • Buffet Style Dining: A common risk at all-inclusive resorts, where food can sit out for long periods and become contaminated.
  • Hygiene Standards: Lack of proper hand washing and cleaning by food handlers can lead to contamination.
  • Water Quality: Some Caribbean regions face issues with water contamination, leading to illness when consumed or used in food preparation.
  • Improper Food Handling: High temperatures in the Caribbean can contribute to bacterial growth in foods like meats, dairy, and seafood if they are not cooked or stored at proper temperatures.

What Can Travellers Do?

  • Be Cautious with Buffets: Avoid food that has been sitting out too long, especially in hot climates.
  • Drink Bottled Water: Always opt for bottled or filtered water to avoid contamination.
  • Check Reviews: Look for feedback on food safety and cleanliness at resorts before booking.
  • Report Symptoms Promptly: If you experience symptoms of food poisoning, seek medical help quickly and report the incident to the hotel or resort management.

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