Gilbert Family Prepares Lawsuit After Toddler Spent Four Hours Alive in Morgue

The family of an 18-month-old boy who was found alive in a Gilbert morgue is preparing to file a lawsuit against the hospital and the doctor who declared him dead in February. The toddler, Vincent Fiordilino, was discovered wandering away from a family Super Bowl party where he nearly drowned in a backyard pool. He was taken to Dignity Health Mercy Gilbert Medical Center, where a doctor pronounced him dead despite the family observing signs that he was still breathing.

The incident occurred eight months ago. Vincent spent more than four hours in the facility's morgue before medical transport workers noticed him moving and alive. His mother, Alexus Fiordilino, said the error remains difficult to comprehend. She stated that her son had to fight for his life alone in a place designed to help him. Fiordilino said the medical team was expected to do everything possible for him but failed to do so that day.

Vincent suffered brain damage during the time he was in the morgue. He is currently unable to walk or speak. The family argues that his condition might be less severe if he had received active medical care during those four hours. Fiordilino said that if the doctor had performed his duties correctly, her son would be in a better state of health now. The family is seeking legal recourse to address the gap between the expected standard of care and the actual treatment provided.

John Brewer, the attorney representing the Fiordilino family, confirmed that a formal complaint will be filed this week. He said the family aims to ensure the mistake does not happen to others, specifically at Mercy Gilbert Medical Center. Brewer emphasized the goal of preventing similar incidents in the future. The legal action will focus on the specific circumstances of Vincent's death declaration and the subsequent neglect in the morgue.

Dignity Health responded to the news with a statement from spokesperson Abby Kay. The hospital said it could not provide detailed comments due to patient privacy rules. Kay described the situation as heartbreaking. She noted that patient safety and exceptional care remain the highest priorities for the organization. The statement did not dispute the timeline of events or the duration Vincent spent in the morgue.

The lawsuit will target both the hospital and the individual doctor involved. The family's legal team is gathering documentation from the February emergency. They are reviewing medical records and witness accounts from the initial arrival at the medical center. The formal complaint will outline the specific failures in the diagnostic process that led to the erroneous death declaration.

Vincent remains in treatment for his brain damage. His parents continue to advocate for a review of the protocols used at the medical center. The case highlights the challenges of emergency pediatric care. The family hopes the legal process will bring clarity to the sequence of events that led to the four-hour delay in treatment.