Government

Judge orders Valva wrongful death lawsuit to September trial

A federal judge sent the Valva wrongful-death case to September trial after a $9 million Suffolk County settlement collapsed, keeping the county’s actions in open court.

James Thompson··2 min read
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Judge orders Valva wrongful death lawsuit to September trial
Source: law.com

A federal judge has put the wrongful-death lawsuit over 8-year-old Thomas Valva’s death on track for a September trial after a proposed $9 million settlement with Suffolk County collapsed over unresolved legal issues.

U.S. District Judge Brian M. Cogan had given Thomas’s mother, Justyna Zubko-Valva, a deadline of May 28 to sign the settlement papers or face trial, then rejected an extension request when the paperwork was not finished. The settlement was an infant compromise application, the court filing required when minors’ interests are part of a case. Under the proposed division, $5,645,615 would have gone to Zubko-Valva, $3 million would have gone to her counsel, and $177,342 each would have been set aside for Thomas’s surviving brothers, Anthony and Andrew, to be held until they turn 18.

AI-generated illustration
AI-generated illustration

The case stems from Thomas’s death on Jan. 17, 2020, in Center Moriches, where prosecutors said he died of hypothermia after being forced to sleep in a freezing, unheated garage. His father, Michael Valva, a former NYPD officer, and Valva’s then-fiancée, Angela Pollina, were both convicted in the case and are serving 25 years to life in prison.

The civil suit against Suffolk County was originally far broader, with Zubko-Valva seeking $200 million and alleging failures by Suffolk County Child Protective Services, the Suffolk County Department of Social Services, the school district and others to protect Thomas despite repeated warnings of abuse and neglect. Months of mediation ordered by Magistrate Judge Arlene Lindsay had produced the $9 million deal before the final legal disputes derailed it.

Suffolk County District Attorney Raymond A. Tierney’s special grand jury issued a 75-page report in April 2024 after six months of work and testimony from dozens of witnesses. The report found Suffolk County Child Protective Services failed to protect Thomas and recommended reforms to the county and state system. Suffolk County Child Protective Services deemed 10 of the 11 abuse reports involving Thomas unfounded.

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