Family starts petition after doctor pronounces toddler dead ‘in error’

GILBERT, AZ — The family of a Gilbert toddler who was pronounced dead “in error” has started a petition asking Mercy Gilbert Medical Center to take action against the doctor involved.

Vincent Fiordilino fell in his family’s pool in February and was taken to Mercy Gilbert Hospital, where Dr. Aryan Toosi pronounced him dead.

Despite concerns from the family and police, who questioned if he was breathing, Vincent was found alive in the hospital’s morgue more than five and a half hours later.

In their petition, titled “Justice for Vincent Fiordilino,” the family says Vincent suffered a severe hypoxic brain injury and will require extensive lifelong care.

The family writes that they deserve answers about how this happened, why it happened, and what will be done to prevent something like this from happening again.

Earlier this month, the ABC15 Investigators sat down with Vincent’s mom, Alexus Fiordilino, for her first interview.

The family’s attorney, John Brewer, also raised questions about the actions taken inside the emergency room.

Records reviewed by the ABC15 Investigators show Dr. Toosi justified not taking Vincent’s core body temperature or performing warming measures due, in part, to the results of that blood gas test.

The family and their attorney are now questioning when those results became available.

Additional records reviewed by ABC15 show Dr. Toosi called the time of death at 6:20. Those medical records also appear to show that the doctor did not receive the test results until 6:38, 18 minutes after pronouncing Vincent dead.

Now the family’s petition lists multiple demands, including removing Dr. Toosi from patient care, an independent investigation, decisive employment action, and clear answers and investigative information provided to the family.

The Fiordilino family is also questioning why Dr. Toosi was not placed on leave, and what Mercy Gilbert Medical Center knew and when.

The hospital has not confirmed that Dr. Toosi is still working, but the family’s attorney said in a prior interview that he was still with the hospital.

In a previous statement, a hospital spokesperson said, “This is a heartbreaking situation. Out of respect for the patient’s privacy, we cannot share any information, and we are unable to comment on those involved in patient care. Patient safety and exceptional care are our highest priorities.”

Dr. Toosi’s attorney, Scott Holden, responded in a statement last week, but could not comment on the timeline that’s in question.

“Dr. Toosi’s thoughts are with the young patient and family, and he wishes the child continued healing and recovery. His commitment to delivering high-quality care has always been rooted in a desire to provide healing, safety, and comfort to his community. Due to pending litigation and patient privacy laws, we cannot speak to the details of the care provided at this time.”