An 18-month-old boy from Arizona was declared dead after nearly drowning in the family’s backyard pool. More than five hours later, a medical transport worker discovered in the hospital morgue that the child was still breathing. Now the boy’s parents accuse the doctor of misleading the family about the chances of saving their son. The boy survived but suffered severe brain damage. According to the family’s attorneys, he will require care for the rest of his life. The parents are considering a civil lawsuit against the doctor and the hospital network where the error occurred.
The incident took place on Feb. 8 of this year in Gilbert, Arizona, while the family was watching the Super Bowl. At one point, the boy’s mother, 30-year-old Alexus Fiordilino, found her son floating face down in the pool. Her husband immediately began cardiopulmonary resuscitation (CPR), and other family members called emergency services. The unconscious child was taken to Dignity Health Mercy Gilbert Medical Center, arriving at about 6:04 p.m. Medical staff continued lifesaving efforts, but at 6:20 p.m. Dr. Aryan Toosi pronounced the boy dead.
In an interview with The Arizona Republic, Vincent’s mother said she feels deceived by the attending physician. According to her account, Toosi told the parents that the child’s blood test results indicated very serious abnormalities and that further attempts to save his life had no chance of success. The family then agreed to end resuscitation.
Fiordilino’s attorney, John Brewer, says, however, that the doctor did not yet have the test results he was said to have cited. Medical records show the results appeared at 6:38 p.m., 18 minutes after the death was announced.
“I am furious. I feel I was grossly misled,” the boy’s mother said.
The family’s doubts arose while they were saying goodbye to the child. Relatives noticed that Vincent was making sounds resembling breathing. Staff explained to them that these might be so-called “agonal breaths,” which occur in people in extreme danger of dying. Police officers who were at the hospital made similar observations. According to the police report, the boy continued to make sounds resembling sighs, but medical workers attributed them to the earlier resuscitation. After the family left the hospital, the child was moved to a cooler, where he awaited pickup by employees of the medical examiner’s office. At about 11:52 p.m., more than five hours after he was pronounced dead, a medical transport worker discovered that Vincent was breathing.
The boy was immediately taken to Phoenix Children’s Hospital, where further treatment began.
“My husband and I were screaming with relief. We were praising God and crying. Going from hearing that we had lost him to finding out he was alive is indescribable,” Fiordilino recalled in an interview with NBC News. Nearly nine months after the incident, Vincent is home with his family but is struggling with serious neurological effects. According to his attorneys, the boy cannot walk on his own and has not regained the ability to speak. The family believes that the hours spent in the morgue without proper care may have worsened the child’s injuries.
The parents are considering a lawsuit against the doctor and the Dignity Health network. Aryan Toosi’s attorney, Scott Holden, said the doctor wishes the boy continued recovery but, because of legal considerations and patient privacy, cannot comment on details of the treatment. Hospital representatives called the situation tragic and assured the public that patient safety remains their priority.
Gilbert police found no grounds to file criminal charges against the medical staff but referred the case to the Arizona attorney general for possible further review. Investigators had earlier also considered whether the parents bore responsibility for failing to supervise the child before the accident. In July, however, the Maricopa County Attorney’s Office decided not to charge them.
Editor: JŁ
