Mother of toddler found breathing in hospital morgue after being declared dead speaks out
Vincent Fiordilino was declared dead "in error," the police report said.
The mother of a toddler who was found breathing in a hospital morgue hours after being pronounced dead is speaking out about the shocking incident.
Vincent Fiordilino was found floating face-down in an in-ground pool during a Super Bowl gathering at the family's home in Gilbert, Arizona, according to police. The then-nearly-18-month-old toddler was unresponsive and transported to Dignity Health Mercy Gilbert Medical Center, where he was pronounced dead at 6:20 p.m. on Feb. 8, according to a Gilbert Police Department report at the time.
"I had to say goodbye. Do you know how hard that is?" his mother, Alexus Fiordilino, told ABC Phoenix affiliate KNXV in her first interview earlier this week.
"I just remember begging him to come back," she told the station.
The mother recalled being informed that her child's pH levels were "too acidic, so even if we are to, like, bring him back, it wouldn't be a good form of life. Like, he'd just be suffering," she told KNXV.
Multiple people, including Vincent's parents and two officers who were at the hospital, had questioned whether the child was breathing after Dr. Aryan Toosi, DO, declared him dead, according to the police report.
"My mother-in-law is there, and she goes over and she hugs him, and she's like, "Hey, it sounds like he's breathing.' And they're like, 'Oh, it's normal. It's normal that it's gonna sound like that,'" Alexus Fiordilino told KNXV.
When a transporter with the Maricopa County Medical Examiner's Office arrived at the hospital over five hours later to retrieve the child from the hospital's "cold room," Vincent was found to be breathing, according to police.
"He was alone for 5 ½ hours. How do you do that to a baby?" Alexus Fiordilino told KNXV.
The police report said the toddler was declared dead "in error."
According to the law firm representing the family, Vincent suffered a "severe and permanent brain injury" and has shown "significant neurological deficits" since being discharged from the hospital in April. He is unable to walk independently and has not recovered speech, according to the firm.
The family is questioning Dr. Toosi's treatment of Vincent and his actions in declaring the toddler dead, and allege that the hours spent in the morgue contributed more to his injuries than the drowning, according to the law firm. They plan to file a lawsuit next week, the firm said.
"They took an oath, right? They have to do everything they can," Alexus Fiordilino told KNXV.
An attorney for Dr. Toosi said in a statement to ABC News on Thursday that the doctor'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," the statement continued. "Due to pending litigation and patient privacy laws, we cannot speak to the details of the care provided at this time."
The hospital's operator, Dignity Health, said in a statement Thursday, "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."
A spokesperson for the Gilbert Police Department said an investigation into the incident found no probable cause for any criminal conduct involving medical personnel and therefore "no charges were forwarded" against hospital staff.
"This case is now in the process of being referred to the Attorney General's Office for their review," the spokesperson said Thursday.
Gilbert police had initially recommended that the toddler's parents be charged with child abuse for alleged negligence, though the Maricopa County Attorney's Office declined to file charges in that case.
The family had multiple childproof locks and other safety measures in place, and multiple adults were present in the home, all of whom believed someone was watching the child, according to the attorney's office.
The investigation also found no evidence that the parents exhibited any obvious signs of impairment, the office said.