Thomas Valva case: Judge again approves $9M settlement in death of 8-year-old boy

A federal judge has approved the $9 million settlement between Suffolk County and the mother of Thomas Valva, the 8-year-old Center Moriches boy who was killed by his father and father's fiancee when they forced him to sleep in a freezing garage, avoiding what would have been a lengthy and costly trial, the judge said in a new ruling.

"Upon review of the proposed settlement materials, I find that the settlement is fair and reasonable and in the infant plaintiffs’ best interests," U.S. District Judge Brian M. Cogan wrote, referring to Thomas’ siblings, Anthony and Andrew. "This case has already been pending for over six years; taking it to trial would have protracted it further and compounded the expense involved."

The settlement agreement, which was reached last year, was on the verge of collapse after disagreements between Thomas' mother, Justyna Zubko-Valva, and Suffolk and the other defendants in the case. Cogan had ordered the case to trial in September, after Zubko-Valva repeatedly refused to submit the required documents to finalize the settlement — and when she did, the parties disagreed on the terms. Her filings failed to include a general release from any future legal claims, a requirement for Suffolk to agree to settle. 

But Zubko-Valva last month submitted a new motion that calls for her to receive over $5.6 million directly and her other sons, Anthony, 17, and Andrew, 13, to each receive $177,342.20.

Last week, Suffolk and the other defendants submitted a letter to the judge saying that they have "no substantive objections to plaintiff's motion." The letter did, however, take issue with Zubko-Valva's reciting of the facts of the case. "As acknowledged in the agreed upon release, the settlement of this matter is in no way a concession of liability by any of the defendants and the facts are disputed," said the letter filed by Suffolk's Deputy County Attorney Susan A. Flynn and the attorneys for the other defendants. 

Zubko-Valva’s attorney, Thomas Bosworth, did not respond to a message seeking comment Monday. A Suffolk County spokesman declined to comment for this story.

Thomas died of hypothermia on Jan. 17, 2020, after his NYPD officer father, Michael Valva, and his father’s fiancee, Angela Pollina, forced him and his older brother, Anthony, who are both autistic, to sleep in a freezing garage. The children were also starved and beaten, prosecutors said at trial.

Teachers and other staff at East Moriches Elementary School where Thomas and his brothers attended school testified at trial that they had flooded a Child Protectives Service hotline to voice concerns about the condition of Thomas and Anthony, who had come to school appearing "emaciated."

Thomas’ death highlighted several failings at Suffolk’s Child Protective Services. A grand jury investigation initiated by Suffolk District Attorney Ray Tierney issued several recommendations, including amending a state law that shields unfounded CPS reports from grand juries and district attorneys, but determined there would be no criminal charges filed against any of the caseworkers involved.

Michael Valva and Pollina are serving sentences of 25 years to life in prison on convictions of second-degree murder in Thomas’ death.

Zubko-Valva had lost custody of Thomas and his siblings about two years before Thomas' death. She had refused court-ordered supervised visits with Thomas and his brothers amid a contentious divorce with their father.

In the months after Thomas’ death, Zubko-Valva filed a $200 million lawsuit against Suffolk and seven CPS supervisors and investigators; Valva and Pollina; several attorneys and law offices involved in the placement of the children; and the East Moriches school district and administrators following Thomas' death.

Last year, a $9 million settlement agreement was reached, and a different federal judge had said he would approve the settlement, but Zubko-Valva refused to sign off on required legal paperwork to finalize the agreement even as she advocated for approval of the settlement because she said she was in desperate need of cash to save her Valley Stream home from foreclosure.

Cogan also ordered that $3 million of the settlement be set aside for attorneys' fees to be "held in escrow pending resolution" of claims by Zubko-Valva’s previous attorney, Jon Norinsberg. Bosworth has disputed Norinsberg’s claim to the attorneys' fees.

"I also find that the requested attorneys' fees, one-third of the total settlement, are reasonable in light of counsel's work expended in this matter," Cogan wrote, "including investigating plaintiffs' claims and the mountain of documents concerning them, and negotiating the settlement (and navigating the many difficulties that arose during that process)."