Family of toddler found alive in hospital morgue to file lawsuit: ‘I just want justice for my son’
An Arizona family is preparing to file a lawsuit against a hospital after their 18-month-old son was declared dead following a swimming pool incident and later discovered moving and breathing inside the hospital morgue. The child, Vincent Fiordilino, was found unresponsive in a Gilbert pool on February 8, 2026, and taken to Dignity Health Mercy Gilbert Medical Center, where medical staff attempted resuscitation efforts without success. Doctors declared the toddler dead based on their assessment.
Mistaken Death Declaration and Morgue Discovery
According to the family’s attorney, John Brewer, a county medical examiner’s transporter noticed movement beneath a sheet covering Vincent hours later while retrieving the body. The transporter observed the child’s arms and legs moving and alerted a security guard, who dismissed the concern, stating movement was normal after a death declaration. The transporter then insisted a nurse be called, leading to Vincent’s transfer to Phoenix Children’s Hospital.
The family learned via a police detective that their son was moving slightly and breathing. Vincent suffered a hypoxic brain injury from oxygen deprivation, his mother, Alexus Fiordilino, said. 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.
Legal Action and Prosecution Decision
The legal case is expected to seek answers about how such an incident occurred and who may be responsible at every stage. 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.
Ongoing Challenges and Accountability Demands
The Fiordilino family faces an uncertain future with Vincent’s condition and the lawsuit’s outcome. Their primary goals include securing accountability and financial support for his brain injury treatment. The case highlights the risks of incorrect death declarations and shows the need for rigorous confirmation of signs of life in medical emergencies.
