The family of an 18-month-old Arizona boy who was declared dead at a hospital only to be discovered alive hours later in a morgue is preparing to file a lawsuit, their attorney confirmed this week. The case has raised serious questions about medical protocols and the handling of pediatric emergencies.
Vincent Fiordilino was found unresponsive in a backyard swimming pool on Feb. 8 and rushed to Dignity Health Mercy Gilbert Medical Center in Gilbert. After resuscitation efforts, medical staff formally pronounced him dead, despite some witnesses reporting signs of life, according to the boy's mother, Alexus Fiordilino.
Speaking on NewsNation's "Jesse Weber Live" on Wednesday, Fiordilino recounted the harrowing moments: "A nurse or a doctor said that it was just agonal breathing, which, is like, I guess, a death gurgle. Through the grief of it all, I kind of just accepted that answer."
John Brewer, the family's attorney, described the shocking scene when a transporter from the Maricopa County Medical Examiner's office arrived to collect the boy's body. "Underneath the thick sheet, all four extremities — his arms, his legs — are moving," Brewer said. The transporter alerted a security guard, who reportedly dismissed it, saying, "No, doctor says that's normal." But the driver insisted on summoning a nurse, leading to the discovery that Vincent was still alive.
Fiordilino said a police detective later informed her and her husband that Vincent was "slightly moving and slightly breathing" and was being rushed to Phoenix Children's Hospital. The toddler now suffers from a hypoxic brain injury requiring lifelong medical care, the family said.
Brewer announced a lawsuit will be filed against the hospital next week, though he did not specify other potential defendants. "It just destroyed our lives, and we came to them for help," Fiordilino said. "I just want justice for my son. I want my son to have the best life that he could."
An attorney for the physician who made the pronouncement released a statement expressing sympathy for the Fiordilinos but declined to discuss the hospital's actions, citing pending litigation.
Maricopa County prosecutors declined to file charges against the parents over the summer. Officials noted that the family had multiple childproof locks and safety measures in place, and multiple adults were present, all believing someone was watching the child. No evidence of impairment was found.
The incident has drawn attention to similar cases, such as the fatal shooting of a toddler in Mississippi and a Richmond daycare shutdown after a toddler accessed a loaded gun, highlighting broader concerns about child safety and emergency response.
As the family seeks accountability, the case underscores the emotional and legal complexities when medical errors intersect with parental grief. The Fiordilinos' fight for justice is likely to resonate beyond Arizona, as debates over hospital procedures and liability continue.
