Arizona family sues after toddler declared dead in error, found alive in morgue

Key points

• Vincent Fiordilino was found floating face-down in a pool in Gilbert, Arizona, on Feb. 8, 2026, and transported to Mercy Gilbert Medical Center.
• Dr. Aryan Toosi pronounced Vincent dead at 6:20 p.m., citing acidic pH levels, despite family members and police officers observing signs of breathing.
• Vincent was placed in a cold room morgue for 5.5 hours before a Maricopa County Medical Examiner found him breathing at 11:52 p.m.
• The family’s attorney, John Brewer, alleges Dr. Toosi used blood gas test results that were not completed until 6:38 p.m., 18 minutes after the death was declared.
• Vincent was airlifted to Phoenix Children’s Hospital and now suffers severe neurological deficits, including an inability to walk, speak, or swallow independently.
• Gilbert police found no probable cause for criminal conduct by medical personnel, but the case has been referred to the Arizona Attorney General’s Office.

Background

This incident follows earlier national attention on child safety and medical errors, including the 2026 case in South Carolina where a mother was charged with homicide after two toddlers were found dead, and a 2026 Oregon case involving a toddler found safe after an Amber Alert. These prior cases highlight ongoing public scrutiny of child welfare and emergency response protocols, but the Fiordilino case is distinct in its focus on a hospital’s failure to recognize life signs and the subsequent legal and medical consequences for the child.

How outlets are covering it

ABC News and ABC15 Arizona emphasize the emotional trauma of the mother, Alexus Fiordilino, and the family’s belief that the doctor’s decision to declare death was based on incomplete or misapplied medical data. ABC15 specifically highlights the 18-minute gap between the time of death and the availability of blood gas results, suggesting a procedural failure. Yahoo News (via NBC News) focuses on the parents’ initial skepticism of the doctor’s claims and the relief when the child was found alive, while also noting the parents’ admission of smoking marijuana that morning, which was part of the initial police investigation but not a basis for charges. All sources agree that the child suffered severe, permanent brain injuries, but they differ in emphasis: ABC and ABC15 focus on the medical error and legal accountability, while Yahoo highlights the emotional journey and the parents’ perspective. The hospital and doctor’s attorney declined to comment on specifics, citing patient privacy and pending litigation.

Why it matters

This case raises critical questions about the protocols for declaring death in emergency rooms, particularly when signs of life are observed by family or law enforcement. It highlights the potential for medical errors to cause severe, irreversible harm and the legal and ethical responsibilities of healthcare providers. The case may lead to changes in hospital policies regarding the verification of death and the use of medical test results in life-or-death decisions. It also underscores the importance of independent reviews by state attorney general offices in cases involving medical errors that result in significant harm to patients.

What to watch

The family’s attorney, John Brewer, plans to file a formal lawsuit and complaint against Dr. Toosi and Mercy Gilbert Medical Center in the coming weeks. The Arizona Attorney General’s Office is reviewing the case, though no timeline has been provided. Vincent will require lifelong care due to his severe brain injuries. The outcome of the lawsuit and the attorney general’s review could set precedents for medical liability and hospital accountability in cases of mispronounced death.