Eighteen-month-old Vincent Fiordilino was found alive in the morgue of Mercy Gilbert Medical Center in February, hours after medical staff had officially pronounced him dead following a near-drowning incident. The child’s mother, Alexus Fiordilino, is now seeking legal accountability, alleging that hospital staff ignored clear signs of life and failed to follow standard medical protocols during the emergency.
The Events of February 8 at Mercy Gilbert Medical Center
On February 8, 2026, Vincent was rushed to the Mercy Gilbert Medical Center in Gilbert, Arizona, after being discovered unresponsive in a family swimming pool. According to reports from FOX 10 Phoenix, medical staff attempted to resuscitate the toddler before a physician, identified as Dr. Aryan Toosi, declared the child dead.
Despite the declaration, family members and police officers present at the hospital reported observing physical signs that the toddler was still alive. Alexus Fiordilino stated that when she said her final goodbyes, she felt the child attempting to breathe. Staff allegedly dismissed these movements as "agonal breathing," a term describing involuntary gasps often seen in the final stages of life.
Discovery in the Hospital Morgue
The child remained in the hospital’s care until a transporter from the county medical examiner’s office arrived to retrieve the body. According to the family’s attorney, John Brewer, the transporter discovered the boy moving beneath a sheet.
As reported by The Hill, the transporter alerted a security guard to the movement, but the guard reportedly insisted that the doctor’s assessment of death was final. The transporter persisted, eventually prompting staff to perform a re-evaluation. Vincent was subsequently transferred to Phoenix Children’s Hospital for further care. His mother reports that he suffered a hypoxic brain injury that will require lifelong medical support.
Legal Action Against Hospital and Physician
John Brewer, representing the Fiordilino family, has announced plans to file a formal complaint against Dr. Toosi and Mercy Gilbert Medical Center. The legal team alleges that the hospital staff failed to check the child’s core body temperature and declared him dead before receiving critical oxygen test results.
A representative for Dr. Toosi stated that the physician’s "thoughts are with the young patient and family" and noted that the doctor is committed to high-quality care. The statement declined further comment due to pending litigation and privacy laws. Dignity Health, the parent organization of the hospital, also cited patient privacy in declining to provide details, stating that patient safety remains their highest priority.
Ongoing Investigations and Family Status
The Maricopa County Attorney’s Office investigated the parents following the incident, as Gilbert police had initially recommended charges of child abuse. Prosecutors ultimately declined to file charges, noting that the investigation found multiple safety measures, such as childproof locks, were in place at the home.
The Arizona Attorney General’s Office has not yet determined whether it will conduct a formal review of the case. While Vincent is currently alive, his mother described his daily life as a continued struggle, noting that he is unable to perform many of the activities he could manage before the incident.
Frequently Asked Questions
What is the current legal status of the case?
The family’s attorney, John Brewer, has stated he intends to file a complaint against both the attending physician and the hospital. No criminal charges were filed against the parents, as prosecutors found no evidence of negligence or impairment.
What specific medical failures does the family allege?
The family’s legal team alleges that staff failed to perform standard checks, such as measuring the child’s core body temperature, and declared the child dead before receiving the results of oxygen tests.
How did the child survive the initial declaration of death?
While hospital staff categorized the child’s movements as "agonal breathing," the child was later found to be breathing and moving in the hospital morgue. He was subsequently moved to Phoenix Children’s Hospital, where he is currently being treated for a hypoxic brain injury.