Mother of Autistic Boy Wins $9 Million Settlement Over His Death

The mother of an eight-year-old boy who was left to freeze to death in his father’s garage has settled her lawsuit against Suffolk County for $9 million. The case contended that the county’s courts, school district, and child protective services failed to protect her son, Thomas, despite her repeated warnings of abuse.

Justyna Zubko-Valva filed the lawsuit in 2020, asserting that authorities ignored 11 reports of abuse made before her son’s death. Her ex-husband, Michael Valva, a former NYPD officer, and his fiancée, Angela Pollina, are serving life sentences for Thomas’s murder. Thomas died after being kept in freezing temperatures for up to 16 hours, with temperatures dropping as low as 19 degrees. His 10-year-old brother survived the incident.

In court documents, Zubko-Valva claimed she continuously raised concerns about her children’s welfare while she was involved in a bitter divorce. A report from the Suffolk County District Attorney’s office last year confirmed that authorities failed to act on multiple abuse reports, which were dismissed as unfounded, contributing to the tragedy.

According to the DA, “All 11 reports were filed prior to Thomas’s death, and CPS failed these children severely.”

The case was mediated throughout the year, leading to the settlement scheduled for approval on October 9. The lawyers representing Zubko-Valva emphasized the importance of legal reforms to enhance transparency and accountability in child protective services, hoping to prevent future tragedies.

Thomas’s father, Michael Valva, once texted his fiancée about using violence against his children, stating he would “beat them until they bleed,” showcasing a pattern of abuse. The legal teams highlighted that, although the family cannot recover Thomas, this settlement marks a step toward improved child welfare protections.