Thomas Valva death: Mother of 8-year-old who died when forced to sleep in a freezing garage won't sign off on $9M settlement

The $9 million death settlement between Suffolk County and the mother of 8-year-old Thomas Valva, hit a snag Friday when the mother publicly accused her lawyers of misconduct and repeatedly refused attempts to meet with her legal counsel to solve their issues.

During a two-hour long telephone court conference Friday afternoon, Thomas' mother, Justyna Zubko-Valva, said she has refused to sign-off on the settlement because the documents drafted by her legal counsel didn't address the "tremendous suffering" of her two other sons Anthony and Andrew, and herself.

She also expressed concern that the terms of the settlement were shifting, saying she was told previously by a mediator that she would get most of the money and her children a smaller amount for their futures. And she said her signature was forged on another document -- a claim her attorney denied vehemently.

"It's very upsetting that that they can just write in a court file that my children didn’t suffer or my son Tommy didn’t suffer before he died," said Zubko-Valva, who said she needed the money quickly because her house was set to be foreclosed in. "It's absolutely outrageous.”

One of Zubko-Valva's attorneys Adam Volk, said he was concerned about discussing the matter publicly because of attorney-client privilege, but said that Zubko-Valva has refused any contact with her legal team. Volk said they had hired an expert to draft the documents required by the court when minor children are receiving settlements.

"I'm hesitant to discuss more because of attorney-client privilege," said Volk, who then spoke directly to Zubko-Valva. "I implore you, please, please, let's work together."

Volk added: "Her wish was to get control of the $6 million [settlement after attorneys' fees] and not have to pay taxes on it."

Volk added to the court: "I want her to get the money. I don’t want her house to be foreclosed. It's unfortunate that my client doesn’t think our interests align."

Zubko-Valva, who floated the idea that her lawyers wanted to prolong the case to get more money from the settlement, told the judge: "Your honor, my lawyer's misleading the court."

U.S. District Judge Edward R. Korman, who had previously said he was prepared to approve the settlement, referred the matter to a magistrate to handle after there appeared to be an impasse.

"He has no motives to prolong the case," Korman said of Volk. "I don't know how to proceed if you don't trust your own lawyer. "

The judge added: "I'm at a loss as to what to do here. I understand that you won't agree to sign a settlement. If that's correct, there's nothing more I can do."

Thomas was killed on Jan. 17, 2020, by his NYPD officer father, Thomas Valva, and Valva's then-fiancee, Angela Pollina. The pair forced the 8-year-old to sleep in an unheated garage, and starved and beat him. Thomas died from hypothermia.

Thomas' father Michael Valva and his then-fiancé Angela Pollina were convicted of second-degree murder in Thomas' death. They're each serving sentences of 25 years to life in upstate prisons.

Zubko-Valva filed a $200 million wrongful death suit against the county shortly after.