Judge approves $9M Thomas Valva wrongful death settlement, avoiding trial
The 8-year-old Center Moriches boy died of hypothermia in January 2020, after months of being forced to sleep in his father's unheated garage during freezing temperatures.
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A federal judge approved a $9 million wrongful death settlement in the case of Thomas Valva, one month after saying the lawsuit was headed to trial.
The 8-year-old Center Moriches boy died of hypothermia in January 2020, after months of being forced to sleep in his father's unheated garage during freezing temperatures.
Following his death, his mother, Justyna Zubko-Valva, filed a lawsuit alleging that Suffolk County officials failed to act on warning signs that Thomas was being physically abused and deprived of food before his death.
“Upon review of the proposed settlement materials, I find that the settlement is fair and reasonable and in the infant plaintiffs’ best interests,” U.S. District Judge Brian M. Cogan wrote.
Cogan also noted that the case had been pending for more than six years and that proceeding to trial would have further prolonged the litigation and increased costs.
As Nes 12 previously reported, the judge had given Zubko-Valva an ultimatum to seek approval of the settlement or proceed to trial.
Although she filed the necessary paperwork by the deadline, Cogan initially declined to approve the agreement, citing unresolved disputes over key terms.
A pretrial conference was expected to happen in August.
Thomas' father, Michael Valva, and his former fiancée, Angela Pollina, are each serving sentences of 25 years to life in prison after being convicted in connection with the child's murder.
