Six years after 8-year-old Thomas Valva froze to death, a $9 million settlement that was supposed to close one of Suffolk County's most painful chapters is stuck in limbo. The deal between Thomas's mother and Suffolk County remains unsigned, and a federal judge has now put a clock on it. If the final paperwork does not get filed, the long-running civil case could be pushed back toward a trial as early as June.
Thomas died in January 2020 after prosecutors said he was forced to sleep on a cold garage floor; a medical examiner found hypothermia was a major contributing factor. His father, Michael Valva, and Valva's then-fiancée, Angela Pollina, were both convicted of second-degree murder and are serving sentences of 25 years to life, as reported by AP.
U.S. District Judge Brian M. Cogan, who is overseeing the federal case, has told the court that Thomas's mother, Justyna Zubko-Valva, has 30 days to sign the settlement paperwork or the case will be put back on track for trial, according to News 12 Long Island. The $9 million agreement was reached months ago, but it has stalled amid a fight over how the money would be divided and whether the deal adequately protects the interests of Thomas's two surviving brothers.
Why the deal stalled
The holdup is largely about who gets what. Reporting indicates the proposed breakdown called for roughly $2 million to go directly to Zubko-Valva, about $2 million apiece to trusts for her two surviving sons, and around $3 million for attorneys' fees and costs, a structure detailed by Newsday. Zubko-Valva has argued that the paperwork did not properly address the "pain and suffering" of her family, and she told Patch she has been trying to fend off foreclosure while the money sits tied up in legal wrangling.
Next steps in court
Before any payout can actually reach the family, the court has flagged several procedural hurdles. Those include an infant-compromise petition, a routine but crucial filing meant to safeguard the interests of any minors who would benefit from the settlement, according to reporting. If Zubko-Valva does not sign the necessary motions within the 30-day window, the judge has warned that the only option left will be a trial, which the court said could be scheduled for June, per News 12 Long Island.
Broader fallout
Thomas's death led to a special grand jury and intense scrutiny of Suffolk County Child Protective Services and how prior abuse reports were handled, fueling calls for policy changes and tougher oversight, as documented by AP. Advocates say the latest showdown over the settlement only highlights lingering questions about accountability and whether families are truly being made whole when public agencies fail to protect vulnerable children.
In the coming weeks, the standoff will either end with signatures on a deal the court is willing to bless, sending long-delayed funds toward the children's care, or the case will lurch back into a high-stakes trial that could once again expose how many warning signs were missed before Thomas's death.
