The mother who lost her eight‑year‑old son, Thomas Valva, has reversed her earlier stance and signed a revised $9 million settlement with Suffolk County, but officials are now questioning the deal.
Justyna Zubko‑Valva agreed to the changed terms on Monday in a Magistrate court after she had previously declined to sign the original agreement. In her motion, she explained that she was in a “difficult financial situation” because she needed to keep her house from foreclosure and support her other children. “We have a house in foreclosure that needs to be paid immediately in order to save our home,” she said. “And I have to support my children financially.”
Suffolk County has raised concerns that the new language could open the door for Zubko‑Valva’s 16‑year‑old son, Anthony, and 12‑year‑old son, Andrew, to file fresh claims against the county once they reach adulthood. The added provisions also alter the settlement’s original structure—initially set up as a wrongful‑death agreement to reduce tax liabilities—shifting it to a “pain and suffering” model.
Earlier this month, Zubko‑Valva refused to sign the County’s draft, insisting that a $9 million payout did not account for the “tremendous suffering” she and her family endured. She also accused her own lawyers of misconduct and of deliberately extending the case to secure a larger settlement. Because of these disputes, she declined to meet with her attorneys to resolve the issues, leaving Judge Edward Korman in court at a loss as to what to do next.
If the County ultimately signs the arrangement, the mother would receive $2 million up front, and trusts would be established for each of her three children, each worth $2 million. Her attorneys would also receive $3 million in fees, according to sources close to the case.
Thomas Valva’s tragic death in January 2020 rattled the otherwise quiet Suffolk County community. The boy froze to death after his father, Michael Valva, and the father’s then‑fiancée, Angela Pollina, repeatedly abused and forced him to sleep in a freezing, unheated garage. Both men were later convicted of murder and sentenced to 25 years to life in prison.
In 2022, Zubko‑Valva sued Suffolk County for $200 million, alleging the county’s Child Protective Services had failed to protect her son despite repeated complaints about abuse and neglect. The County maintains that it has fulfilled its duties.
Magistrate Judge Arlene Lindsay has now directed Suffolk County to submit written arguments on the settlement by Friday and has set the next hearing for December 29.
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