Family of Gilbert toddler declared dead at hospital plans legal action

GILBERT, Ariz. - The mother of a Gilbert toddler found alive in a hospital hours after a doctor declared him dead is speaking out.

The backstory:

Police say the 18-month-old was rushed to Mercy Gilbert Medical Center back in February after being found unresponsive in his family’s pool.

Eight months after that young boy survived a horrifying medical nightmare, his mother says she still carries the trauma of what happened inside that hospital as she pushes for answers and accountability.

What they're saying:

Nearly five hours after the doctor called the time of death, 18-month-old Vincent Fiordilino was found alive in the hospital’s cold room.

"They failed him that day," said Alexus Fiordilino, Vincent’s mom. "Above all else, I’m grateful I still have my son and that I can see him every day."

That gratitude is paired with frustration and anger. Police reports and body camera footage show officers and family members repeatedly warned hospital staff that the boy still seemed to be breathing, even after being pronounced dead.

"I couldn’t believe it. I didn’t really want to. Until I had to say my goodbyes. And then — even then like feeling him — it felt like he breathed. He was trying to breathe. And they kept on telling me it was agonal breathing," Alexus Fiordilino said.

Questions remain:

John Brewer, an attorney representing the Fiordilino family, questioned the response from medical personnel.

"How many people have to say, 'I think he’s breathing?' Mom, dad, grandma, police officer," Brewer said.

The family’s attorney is also alleging critical oversights, saying medical records show Vincent was declared dead before oxygen test results came back, and that staff failed to check his core body temperature.

"They looked at him and said it wasn’t worth it. That’s what really bothers me the most. It’s like they just wrote him off, and I don’t know why, and I want to know why," Alexus Fiordilino said.

Eight months later, Vincent is alive, but the fight is far from over.

"Compared to that day, he’s OK. But every day is a struggle for him," his mother said. "It’s hard watching him kind of struggle through certain things and it’s just difficult. His whole life has changed. Everything he was able to do before, he can’t."

What's next:

The family’s attorney says he will be filing a complaint against the doctor, Dr. Aryan Toosi, and the hospital this week.

"There were warning signs after warning signs. And this just isn’t on the doctor. This is on the hospital as well. I mean how do they permit him to do that?" Brewer said.

The attorney representing Dr. Toosi sent FOX 10 the following statement:

"Dr. Toosi’s thoughts are with the young patient and family, and he wishes the child continued healing and recovery. His commitment to delivering high-quality care has always been rooted in a desire to provide healing, safety and comfort to his community. Due to pending litigation and patient privacy laws, we cannot speak to the details of the care provided at this time."

A spokesperson with Dignity Health sent FOX 10 the following statement:

"This is a heartbreaking situation. 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. Patient safety and exceptional care are our highest priorities."

The Arizona Attorney General’s Office said it has not decided whether to review this case.