An 18-month-old boy was found breathing in a hospital morgue more than five hours after being declared dead following a pool accident in Arizona, his mother has said.
Vincent Lorenzo Fiordilino was discovered floating face down in the family pool in Gilbert at about 5.30pm on February 8. His parents, Alexus and Angelo, performed resuscitation before he was taken to Mercy Gilbert Medical Center.
Vincent was pronounced dead at 6.20pm. But when a Medical Examiner’s transport team arrived later that night, the toddler was found to be alive and was rushed to Phoenix Children’s Hospital.
Alexus said she had believed staff would help her after Vincent arrived at the emergency department. “I just wanted help,” she told ABC 15. “I thought, ‘OK, these people are going to help me.’”
She said Dr Aryan Toosi, the emergency room doctor on duty, spoke to her shortly afterwards about Vincent’s condition and told her his blood was too acidic for him to have a good quality of life if he survived.
Alexus said she hugged her son as she prepared to say goodbye and noticed that he felt cold. When her mother-in-law embraced Vincent, she believed she heard him breathing.
“She’s like, ‘Hey, it sounds like he’s breathing.’ And I’m like, ‘What?’” Alexus recalled.
She said medical staff told the family the sound was normal and was believed to be agonal breathing – an involuntary brainstem reflex associated with severe oxygen deprivation.
However, a police report described staff members appearing to notice signs of life. An officer said a nurse was heard saying, “I have a pulse,” before hospital workers moved to try to revive Vincent.
The officer reported informing Dr Toosi, who allegedly replied: “I was the doctor, he has a medical degree, he went to medical school for a reason, and to let him do his thing.” The report said the doctor then instructed staff to stop CPR and other lifesaving measures.
The same officer said Vincent’s chest or stomach appeared to be rising and falling, but was told this was gas leaving his body. A female officer later reported hearing what appeared to be another gasp while the child was being moved, and then observed a similar movement in the morgue almost an hour later.
Records cited by the family’s lawyer, John Brewer, indicate that Dr Toosi referred to Vincent’s blood-gas results when explaining his decision. The records also suggest the results were received at 6.38pm, 18 minutes after the doctor had recorded the time of death.
After Vincent was discovered alive, he was taken to Phoenix Children’s Hospital. An MRI found extensive brain damage, and his family said he would require lifelong care.
“He was alone,” Alexus said. “He was alone for five-and-a-half hours. How do you do that to a baby?”
Brewer said the hospital and doctors needed to “make it right for the child”, arguing that there had been warning signs and missteps before Vincent was found breathing. Alexus added: “They took an oath, right? They have to do everything they can.”
A Dignity Health spokesperson described the incident as a “heartbreaking situation” but said the organisation could not comment on those involved in the child’s care because of patient privacy. The spokesperson said patient safety and excellent care were the organisation’s highest priorities.
Dr Toosi’s lawyer, Scott Holden, said the doctor’s thoughts were with Vincent and his family and that he wished the child continued healing and recovery. He said the doctor’s commitment to high-quality care was rooted in a desire to provide healing, safety and comfort to the community, but that pending litigation and privacy laws prevented him from discussing the treatment.
Sergeant Jordan Truckenbrod of Gilbert Police Department said the investigation had not established probable cause for criminal conduct involving medical personnel, and no charges had been forwarded. He said the case was being referred to the Attorney General’s Office for review.
