Arizona mother describes son being found breathing after hospital declared him dead

Alexus Fiordilino, whose toddler son was found breathing hours after being declared dead at a hospital in Gilbert, Arizona, has described thinking she heard him breathe as she said goodbye. Her account brings renewed attention to the February 8 incident as her lawyer prepares a complaint about the boy’s care.

Fiordilino told NBC News she accepted the doctor’s explanation that the sounds she heard were her son’s last gasps. When a detective later told her and her husband that Vincent was alive, she said they screamed with relief. ‘To go from hearing he was gone and then finding out he isn’t gone, it’s an unexplainable feeling,’ she said.

What happened at Mercy Gilbert Medical Center

Fiordilino said Vincent is getting better. Her lawyer, John Brewer, told NBC News that the boy is home but has serious health challenges: he cannot swallow, sit up or crawl on his own, and he has seizures. Fiordilino also described the lasting effects in an interview quoted by Metro and attributed there to ABC 15, saying there was ‘no happy ending’ to the family’s experience.

Planned complaint and police referral

Brewer told NBC News he plans to file a formal complaint against Toosi and the hospital this week. He said his review of Vincent’s medical records showed that test results the doctor cited to justify ending resuscitation efforts were completed only after Vincent was declared dead. That account is Brewer’s interpretation of the records; the claim has not been independently established.

The hospital called the situation ‘heartbreaking’ and said it could not discuss those involved in Vincent’s care because of patient privacy. Metro reported that Toosi’s lawyer told the Daily Mail his client’s thoughts were with Vincent and his family and described his commitment to providing care.

Metro reported that Gilbert police said their investigation had not established probable cause for criminal conduct and that the case was being referred to the Arizona Attorney General’s Office for review, with no estimated timeline. Separately, police had recommended child abuse charges against Vincent’s parents over the pool incident, but Maricopa County Attorney Rachel Mitchell announced in July that they would not be charged, NBC News reported.