The tragic death of Thomas Valva in 2020 shocked the nation and exposed deep, systemic failures within the child protective services and local police departments that were supposed to protect him.
Now, after a grueling six-year legal battle, a federal judge has finalized a multi-million dollar settlement, bringing a measure of financial resolution to Thomas's grieving mother, Justyna Zubko-Valva, while highlighting the ongoing need for institutional reform.
WHAT HAPPENED
On Monday, July 27, 2026, U.S. District Judge Brian M. Cogan approved a $9 million wrongful death settlement between Justyna Zubko-Valva and Suffolk County, New York. The approval ends a years-long legal battle that nearly went to trial after previously collapsing over unresolved disputes.
Under the finalized agreement, Zubko-Valva will personally receive $5.6 million (specifically $5,645,615). Her attorneys will receive $3 million in legal fees. Her two surviving sons, Anthony and Andrew, will each receive $177,342, which will be held in trust and become available to them when they turn 18. To secure the settlement, Zubko-Valva agreed to reduce her surviving sons' shares to under $180,000 each.
Thomas Valva died of hypothermia on January 17, 2020, at the age of eight. He and his older brother Anthony, both of whom are on the autism spectrum, were forced by their father, Michael Valva—then an active New York City police officer—and his fiancée, Angela Pollina, to sleep in an unheated garage in freezing temperatures. The boys were also starved, beaten, and denied basic necessities.
According to court filings, the settlement avoids what was expected to be a closely watched federal trial examining the actions of county agencies before Thomas's death. During the litigation, attorneys for Zubko-Valva argued that repeated warnings from school staff and mandated reporters should have prompted stronger intervention. Speaking after the ruling, Zubko-Valva said, "Nothing will ever bring Thomas back," adding that she hopes the outcome will encourage reforms to better protect vulnerable children. Her legal team also said the case was "about accountability as much as compensation," emphasizing that the years-long lawsuit sought answers in addition to damages.
Key Facts of the Case
Total Settlement: $9 million wrongful death agreement with Suffolk County.
- Mother's Share: Justyna Zubko-Valva will receive approximately $5.6 million.
- Children's Shares: Surviving brothers Anthony and Andrew will receive $177,342 each.
- Attorney Fees: $3 million allocated to legal counsel.
- Criminal Sentences: Michael Valva and Angela Pollina are both serving 25 years to life in prison for second-degree murder.
- Original Lawsuit: Zubko-Valva originally filed a $200 million civil rights lawsuit in 2020.
WHY IT MATTERS
This case exposed devastating gaps in the safety net designed to protect vulnerable children. Before Thomas’s death, teachers and school administrators repeatedly warned Suffolk County Child Protective Services (CPS) that the boys were arriving at school starving, bruised, and visibly neglected. Despite these warnings, Thomas remained in his father's custody.
The settlement serves as a stark acknowledgment of governmental failure. It underscores how the status of Thomas's father as an NYPD officer may have contributed to a systemic reluctance to intervene, a phenomenon critics have described as "blue privilege". The tragedy forced Suffolk County to confront severe understaffing and high caseloads within its CPS department, prompting a series of legislative reforms.
Some county officials and legal observers, however, have cautioned against interpreting the settlement as an admission of legal liability by Suffolk County. They note that governments often resolve civil lawsuits to avoid the expense and uncertainty of trial. Supporters of the county's reforms also argue that significant policy changes have already been implemented since 2020, although advocates for child welfare maintain that continued oversight remains necessary to ensure those reforms are effective.
WHAT HAPPENS NEXT
With the settlement officially approved, the funds will be distributed to Zubko-Valva and her legal team, bringing an end to the federal civil lawsuit and avoiding a trial that was scheduled to begin in September 2026. Zubko-Valva, who has been caring for her surviving sons full-time, previously shared that she hopes to use the funds to pay off mortgage debt and prevent foreclosure on their home.
According to her attorneys, the resolution also allows the family to focus on healing after years of litigation. They said the case has always centered on ensuring Thomas's story is not forgotten and preventing similar tragedies in the future. One attorney stated, "This case should serve as a reminder that every report of suspected child abuse deserves urgent attention."
Suffolk County will continue to face scrutiny over its child welfare system. While the county has implemented reforms under the 2020 CPS Transformation Act, it has struggled to meet its target caseload of 12 or fewer cases per caseworker. The county is expected to continue hiring and training new caseworkers in an effort to meet these safety standards.
WHAT WE STILL DON'T KNOW
- Will Suffolk County Child Protective Services ever successfully maintain its target caseload limits to prevent future tragedies?
- Will any of the individual CPS caseworkers or supervisors who ignored the repeated warnings about Thomas's abuse face professional or administrative consequences?
- How will the systemic changes implemented in Suffolk County influence child welfare policies and police-involved custody disputes across the rest of New York State?
SOURCE NOTE
This story draws on reporting from the New York Post.