Mom and Son Allegedly Die from Food Poisoning at All-Inclusive Resort While on Vacation. Now the Family Is Suing

• April and Oliver Gougeon died in December 2023 after eating food from a buffet at Viva Dominicus Beach by Wyndham Resort and subsequently getting sick, according to a new lawsuit obtained by PEOPLE

• The mother and son allegedly experienced “breathing difficulties” after being transported to a local hospital, where they both later died

• A local Coroner determined that April and Oliver “died from secondary causes related to food poisoning,” per court documents
  

A Canadian family has now filed a $10 million lawsuit after they say a mother and son died from food poisoning at an all-inclusive resort during a vacation to the Dominican Republic in 2023.

April and Oliver Gougeon died in December 2023 after eating food from a buffet at Viva Dominicus Beach by Wyndham Resort and subsequently getting sick, according to the claim filed in Ontario Superior Court on Monday, Jan. 27, and obtained by PEOPLE.

The mother and son experienced “breathing difficulties” after being transported to a local hospital, where they both later died, the lawsuit states.

Family members are suing Wyndham Hotels, Air Transat Holidays A.T. Inc., Transat Tours Canada Inc., the on-site medical clinic and several parties for “gross negligence in food safety and emergency response,” according to a statement from lawyer Meghan M. Hull Jacquin.

“A year after a devastating incident at a Dominican Republic resort claimed the lives of April and Oliver Gougeon, the family is speaking out to prevent similar tragedies,” the lawyer said.

April and her husband, Stephen, arrived in the Dominican Republic with their sons Wesley and Oliver on Dec. 28, 2023, according to court documents. That same evening, around 9 p.m. local time, the family “consumed foods offered by the staff at the buffet.”

The next morning, all four members of the family were “nauseous and vomiting” around 6 a.m., about nine hours after they ate at the buffet, per the court documents.

Stephen called the medical clinic at the resort but “was told that no one could attend at the hotel room” and that the Gougeon family had to go to the clinic themselves, the suit claims.

Never miss a story — sign up for PEOPLE's free daily newsletter to stay up-to-date on the best of what PEOPLE has to offer, from celebrity news to compelling human interest stories.

“Despite communicating the urgency of the request and the inability of the Gougeon family to go to the clinic unassisted given their conditions, he was told that it was policy for the medical personnel to stay at the clinic,” the family's complaint states.

After another phone call around 2:30 p.m., medical personnel allegedly went to the Gougeon family’s room and transported all four members to the clinic in wheelchairs, according to the lawsuit. The family was “provided intravenous treatment and antibiotics” before an ambulance was called to take them to a local hospital.

The four family members “were provided intravenous treatment and antibiotics” before an ambulance was called to take them to a local hospital.

Stephen and Wesley were treated at the hospital for two days “before returning home to Canada.” But April and Oliver did not survive.

Oliver was given oxygen and a sedative after “experiencing breathing difficulties” upon arriving at the hospital, according to the documents. He went into cardiac arrest a short time later and ultimately died. April experienced similar breathing issues when she arrived at the hospital and “became unconscious” after she was placed on a ventilator. She, too, died a short time later.

A coroner determined that April and Oliver “died from secondary causes related to food poisoning,” per the new lawsuit.

The Coroner determined that April and Oliver “died from secondary causes related to food poisoning,” per the court documents.

The defendants are accused of negligence while handling and preparing the food at the buffet and not properly training staff in food safety.

Related: Calif. Couple Sues Hyatt Hotels After Toddler Fell to His Death Through Window at Mexico Resort

They are also accused of having “dismissed or downplayed initial complaints or signs of distress,” and “failed to provide a timely response to the family’s call for help.”

Their lawyer said the lawsuit “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 stated in the news release published by the law firm.

In a statement obtained by PEOPLE, an Air Transat spokesperson said the company is "deeply saddened" by April and Oliver's deaths, but that they "refute the allegations made against us."

"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," the statement continued.

Wyndham Hotels acknowledged The Canadian Press' request for comment, but did not immediately provide one, according to CBC News.

Wyndham Hotels and Resorts and Clinica Canela did not immediately respond to PEOPLE’s requests for comment.

Read the original article on People