Justyna Zubko-Valva, the mother of 8-year-old Thomas "Tommy" Valva who froze to death in January 2020 after his father forced him to sleep in an unheated garage, has agreed to accept a $9 million settlement in her wrongful death lawsuit against Suffolk County rather than proceed with a civil trial.
Background
Thomas Valva, who had autism, died on the night of Jan. 17, 2020, after his father Michael Valva and his then-fiancee Angela Pollina hosed down Tommy and his brother Anthony—both of whom had autism—with water before forcing them to sleep in the family's unheated garage as outdoor temperatures dropped below 20 degrees. The boys' father and Pollina referred to the garage as the "kid's room," according to court filings.
Before Tommy's death, Zubko-Valva had made repeated claims of abuse against Michael Valva and Pollina to Suffolk County Child Protective Services. She even wrote a 75-page letter to then-U.S. Attorney General William Barr in July 2019, warning that Valva and Pollina "commit the most horrifying and inhuman form of child abuse" against her sons and "lock[ed] them in freezing cold garage in a winter time."
Despite her warnings, CPS investigated Zubko-Valva for abuse after Michael Valva claimed she was hitting the children and poisoning them with a toxic "brown medicine." All claims made against Zubko-Valva were unsubstantiated. She presented evidence to CPS showing transcripts of her ex-husband brainwashing the children to repeat phrases like "I don't love mommy," "mommy is mean," and "I don't want to stay with mommy."
Teachers at the boys' school eventually alerted CPS that Thomas and Anthony appeared "emaciated" and had lost a noticeable amount of weight while in their father's custody. Tommy's teacher reported seeing him eat crumbs off the floor and out of the garbage, and noted he came to school in a wet pull-up. Despite these reports, CPS closed its investigation into the Valva boys on Jan. 8, 2020—just 10 days before Tommy died.
The Charges
Michael Valva and Angela Pollina were both convicted of second-degree murder in connection with Tommy's death and are currently serving sentences of 25 years to life. Zubko-Valva filed a civil lawsuit against Suffolk County for $200 million, alleging that CPS failed to protect her son after she made repeated claims of abuse.
U.S. District Judge Edward R. Korman allowed the lawsuit to proceed in 2022, writing that CPS "repeatedly ignored a desperate mother's plea for help, despite having significant evidence of Mr. Valva and Ms. Pollina's abuse, and then pursued a neglect petition against Mrs. Valva to cover up for, and distract from, their failures."
The agreed settlement totals $9 million—$7.42 million will come from Suffolk County, $1.3 million from Legal Aid of Suffolk County, with the remaining amount paid by a local school district and an area attorney. The civil case was scheduled to go to trial in September before Zubko-Valva agreed to settle.
Key Takeaways
- Thomas "Tommy" Valva, 8, died Jan. 17, 2020, after being forced to sleep in his father's unheated garage where temperatures dropped below 20 degrees
- His father Michael Valva and stepmother Angela Pollina are serving 25-year-to-life sentences for second-degree murder
- Zubko-Valva had repeatedly warned CPS about abuse but was investigated herself after false claims by her ex-husband
- Teachers reported seeing Tommy eat crumbs off the floor and appear emaciated before his death
- CPS closed its investigation just 10 days before Tommy froze to death
- A $9 million settlement replaces a scheduled September civil trial against Suffolk County for systemic failures
What's Next
U.S. District Judge Brian M. Cogan, who took over the case from Korman in February, must still rule on the motion approving the settlement agreement. The federal docket does not immediately indicate an upcoming hearing date. This settlement brings civil proceedings related to Tommy's death to a close years after his parents' criminal convictions.