Excerpt of a redacted Gilbert Police Department report on the toddler declared dead at Mercy Gilbert Medical Center, shown over a hospital building in an ABC15 broadcast (file image)
ABC15 Arizona (KNXV)

Summary

  • The mother of an 18-month-old boy pronounced dead after a near-drowning in Gilbert, Arizona, has spoken publicly in interviews aired by Phoenix stations this week.
  • Records cited by the family's attorney show the boy was pronounced dead at 6:20 p.m. on Feb. 8, before blood gas results came back at 6:38 p.m.
  • He was found alive in the hospital morgue roughly five hours later; his attorney says he will need lifelong care.
  • Gilbert police found no probable cause for criminal charges against medical staff and referred the case to the Arizona Attorney General's Office, which has not said whether it will review it.

Mother speaks on camera

Alexus Fiordilino, whose 18-month-old son was declared dead at Dignity Health's Mercy Gilbert Medical Center in Gilbert, Arizona, and later found breathing in the hospital morgue, has described the ordeal in interviews with two Phoenix television stations. Her comments, published by ABC15 on Oct. 19 and by AZFamily on Oct. 20, came nearly eight months after the Feb. 8 incident. AZFamily described it as her first time speaking publicly. [1] [2]

"I thought I lost my baby and he was back," she told AZFamily. Speaking to ABC15, she said she had simply wanted help for her son that day and that he is no longer the same child she brought home. [1] [2]

What happened on Feb. 8

The boy was found in the family's pool during a Super Bowl Sunday gathering, according to ABC15 and Fox News. Police officers performed CPR before paramedics took him to Mercy Gilbert, AZFamily reported. [1] [2] [3]

Records shared by the family's attorney, as reported by AZFamily, show the child arrived at about 6:04 p.m. A doctor ordered an arterial blood gas test at 6:08 p.m. that was later canceled, labs were collected at 6:11 p.m., and at 6:13 p.m. an officer on body-camera footage asked whether the gas results were back and was told they were not. The emergency room physician pronounced the boy dead at 6:20 p.m. The results arrived at 6:38 p.m., 18 minutes later, and the doctor did not sign his report until the day after the child was found alive, according to the same records. [1] [2]

Fox News reported in July, citing a police report, that the mother and a nurse both believed they saw signs of life within minutes of the pronouncement and that the doctor rejected their concerns. The child was found breathing with a pulse in the morgue shortly before midnight, when a medical examiner transport arrived, according to Fox News and ABC15. He was then taken to Phoenix Children's Hospital. [2] [3]

His condition

A GoFundMe cited by Fox News said the boy's kidneys, lungs and liver began shutting down after he reached Phoenix Children's. Fox News reported that an early MRI showed possible areas of brain damage but later testing reportedly did not, and that he still required extensive therapy. Family attorney John Brewer told ABC15 the child will need lifelong care and that the family is unsure what his future holds. [2] [3]

Hospital, doctor and investigators

A Dignity Health spokesperson called it "a heartbreaking situation" and said the hospital reviewed the care provided but could not discuss details because of patient privacy, Fox News reported; ABC15 received a similar statement. An attorney for the physician told ABC15 the doctor wishes the child a continued recovery and declined to discuss his care, citing pending litigation and privacy law. [2] [3]

Gilbert police said the evidence did not establish probable cause of criminal conduct by medical personnel, and no charges have been filed, ABC15 reported. Police referred the case to the Arizona Attorney General's Office. AZFamily reported that the office has not decided whether to take up the review. [1] [2]

What comes next

The family has said since July that it plans legal action against the hospital and the physician, according to Fox News. AZFamily reported this week that the family's attorney intends to file a complaint against both. No court filing had been reported as of Oct. 21, and the attorney general's office has given no timeline for a decision on the referral. [1] [3]

Reporting sources

  1. AZFamily (KTVK/KPHO) · 'I thought I lost my baby': Gilbert mother speaks after toddler found alive in morgue ↗2026-10-20
  2. ABC15 Arizona (KNXV) · Mom of toddler found alive in hospital morgue questions doctor's decision ↗2026-10-19
  3. Fox News · Family of toddler found alive in morgue after being declared dead plans legal action ↗2026-07-09

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