The case has drawn attention to the consequences of a mistaken death declaration and the importance of confirming signs of life.
An Arizona family is preparing to file a lawsuit against a hospital after an 18-month-old boy, Vincent Fiordilino, who was declared dead following a swimming pool incident and was later found moving and breathing inside the hospital morgue. Fiordilino was found unresponsive in a swimming pool on February 8, 2026. He was taken to Dignity Health Mercy Gilbert Medical Center in Gilbert, Arizona, where medical staff attempted to revive him. Despite those efforts, doctors declared the toddler dead. The child survived but suffered a brain injury that his mother says will require lifelong care.
His mother, Alexus Fiordilino, said some people at the hospital believed the child was still showing signs of life. However, the Arizona family was told that the breathing they observed was agonal breathing, an abnormal pattern that can occur near the end of life. Overwhelmed by grief, she said she accepted the explanation at the time. The situation then took a startling turn hours later when a transporter from the county medical examiner’s office arrived to collect the child from the hospital morgue. According to John Brewer, the attorney representing the family, the transporter noticed movement beneath the sheet covering Vincent.
Brewer said the transporter saw the toddler’s arms and legs moving and immediately alerted a security guard. The guard reportedly dismissed the concern, saying the movement was normal because a doctor had already declared the child dead. The transporter then examined Vincent more closely and insisted that a nurse be called.
The family soon received a call from a police detective with unexpected information. Alexus Fiordilino said she and her husband were told that their son was moving slightly and breathing. Vincent was then taken to Phoenix Children’s Hospital for further treatment. Although the child survived, his condition remained serious. His mother said he suffered a hypoxic brain injury, which occurs when the brain does not receive enough oxygen.
The experience has left the Arizona family facing an uncertain future while also raising questions about how the hospital determined that the toddler had died and what happened after that decision. Brewer said the family planned to file a lawsuit against the hospital the following week. He did not identify all the parties who might be named in the legal action. For Vincent’s mother, the case is about more than the events at the hospital. She said the experience had changed the family’s lives and that they had gone to the hospital seeking help for their child, and she wants both accountability and to offset medical care for her son despite the lasting effects of his injury.
The incident also prompted questions about whether the parents could face criminal charges over the swimming pool accident. Gilbert police had recommended child abuse charges against both parents, but Maricopa County prosecutors announced during the summer that they would not move forward with charges. Prosecutors said the investigation found that several childproof locks and other protective measures were in place at the home. Multiple adults were also present, and each believed someone was watching the toddler. Officials further said investigators found no evidence that either parent showed clear signs of impairment.
The case has drawn attention to the consequences of a mistaken death declaration and the importance of confirming signs of life. For the Fiordilino family, the immediate focus remains Vincent’s ongoing needs and the long-term care required after the brain injury. The legal case is expected to seek answers about how such an incident occurred and who may be responsible at every stage.
Sources:
Family of toddler found alive in hospital morgue to file lawsuit: ‘I just want justice for my son’
Mom speaks out after son found alive in Arizona hospital’s morgue
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