Arizona Mother Challenges Hospital Death Declaration After Son Survives

An Arizona family is seeking accountability after 18-month-old Vincent Fiordilino was discovered breathing in a hospital morgue more than five hours after a doctor declared him dead following a near-drowning incident. His mother, Alexus Fiordilino, described the ordeal in an interview published Wednesday, while her attorney prepared a formal complaint against the physician and hospital involved.

Vincent was taken to Mercy Gilbert Medical Center in Gilbert, Arizona, on Feb. 8 after being found face down in the family's swimming pool. Dr. Aryan Toosi pronounced him dead at 6:20 p.m., according to a police report. A medical examiner's employee subsequently discovered the child was alive shortly before midnight, and Vincent was airlifted to Phoenix Children's Hospital.

Fiordilino said she thought she heard her son breathing while saying goodbye but trusted the doctor's assessment that the sounds were his final gasps.

"As a mom you don’t want to hear that," Fiordilino, 30, said. "I didn’t want him to suffer. It seemed to be they’d done everything they could. And then he called it."

She recalled learning that her son had survived while police were questioning her and her husband, Angelo, more than five hours after the death declaration.

"My husband and I just screamed in relief," Fiordilino said. "We were praising the Lord. We were crying. To go from hearing he was gone and then finding out he isn’t gone, it’s an unexplainable feeling."

Her attorney, John Brewer, said a review of Vincent's medical records raised concerns about the timing of test results used to justify ending resuscitation efforts. He said some critical results cited by Toosi were not available until after the child had been declared dead.

"The parents were faced with having to decide whether to keep trying to revive their son, and the doctor provided them with false information," Brewer said. "That’s beyond a conscious disregard for human life."

Brewer said he planned to file a formal complaint against Toosi and the hospital. His office provided its records to the Gilbert Police Department, which forwarded the materials to the Arizona attorney general's office for review. The attorney general's office said Wednesday that it had not decided whether to review the case.

Toosi's attorney, Scott Holden, issued a statement expressing concern for the child and his family.

"Dr. Toosi’s thoughts are with the young patient and family, and he wishes the child continued healing and recovery," the statement said. "His commitment to delivering high-quality care has always been rooted in a desire to provide healing, safety and comfort to his community."

Mercy Gilbert Medical Center described the incident as "heartbreaking" but declined to discuss the individuals involved in Vincent's treatment, citing patient privacy.

"Out of respect for the patient’s privacy, we cannot share any information and we are unable to comment on those involved in patient care," the hospital said. "Patient safety and exceptional care are our highest priorities."

The child's survival followed a series of events documented in a police report obtained by NBC affiliate KPNX of Phoenix. The report said a relative attempted CPR after finding Vincent in the pool, prompting a 911 call at approximately 5:38 p.m. on Feb. 8.

According to the report, Toosi went to speak with the parents at 6:13 p.m. about the child's condition.

"As long as there are no objections, I’d like to call time of death," Toosi said, according to the report.

The report recorded the formal declaration seven minutes later.

"At approximately 18:20 hours, Dr. Toosi called the time of death and requested a moment of silence," the report stated.

Police officers present in the emergency department reported that Vincent appeared to gasp after the declaration. A detective documented another apparent gasp at approximately 7:18 p.m., while staff prepared to move the child from the trauma room to the hospital's morgue.

The detective described hearing "another audible gasp" as staff prepared the transfer. The report identified the morgue area as the "cold room," where temperatures were maintained between 36 and 39 degrees.

According to the report, a nurse attributed the apparent breathing to involuntary agonal respiration associated with resuscitation efforts and possible pressure applied by relatives while saying goodbye.

"The nurse again stated it was agonal breathing and explained it was due to compressions, oxygen, and possible pressure applied by family members while saying goodbye," the report stated.

The report said the morgue door was shut at 7:23 p.m. A detective who returned about an hour later to photograph the child's body observed another apparent gasp or release of air.

When the medical examiner's team arrived at 11:52 p.m. to collect Vincent, the report documented that "he was found breathing." It added that "the family was notified immediately," before the child was transported by air to Phoenix Children's Hospital.

Fiordilino described seeing her son again in the pediatric intensive care unit, where he was connected to medical monitoring equipment.

"He was hooked up to all kinds of monitors and things," she said.

She said the experience of seeing him in intensive care was deeply distressing.

"He looked like a different baby," Fiordilino said. "It’s something I hope no other parent has to live through."

Asked about his current condition, Fiordilino said, "He’s getting better." Brewer said Vincent had returned home but continued to experience severe medical complications.

"Vincent is severely brain-injured," Brewer said.

He described the lasting effects of the near-drowning on the child's physical abilities.

"He can’t swallow. He seizes up. He can’t sit up on his own or crawl," Brewer said.

The incident also prompted a criminal investigation into the circumstances surrounding the near-drowning. The Gilbert Police Department recommended child abuse charges against both parents after they lost track of Vincent during a Super Bowl party at their home. The police report stated that "Both admitted to smoking marijuana the morning of the drowning."

In July, Maricopa County Attorney Rachel Mitchell announced that the parents would not face charges.