The mother of an 8-year-old boy, who was tragically killed by his father, a former NYPD officer, has settled a $200 million lawsuit against Suffolk County, according to court documents.
Justyna Zubko-Valva reached this agreement following a 2020 federal civil lawsuit asserting that Suffolk County Court, the School District, and Child Protective Services failed to protect her autistic son, Thomas, despite multiple reports about his father, Michael Barba, and his fiancée, Angela Polina.
The specifics of this “global settlement” haven’t been released yet, and a judge has not finalized any contracts.
Before it’s official, the Suffolk County Council also needs to approve the settlement.
This agreement followed mediation sessions between county officials and Zubko-Valva’s attorneys throughout the year.
While the exact settlement amount is still under wraps, Zubko-Valva previously turned down a $3 million offer in 2023. This amount was meant to resolve the case against all parties, including Valba and Polina, who are currently serving 25 years for Thomas’s murder.
Her attorney, Thomas Bosworth, noted that Zubko-Valva was open to settling for $10 million, as reported by Newsday.
In her lawsuit, Zubko-Valva, who was undergoing a contentious divorce with Barba at the time of her son’s death, claimed that she frequently reported the abuse and neglect her three children faced at the hands of their father.
A critical report from the Suffolk County District Attorney’s Office highlighted that 11 separate reports were filed with Child Protective Services, which characterized the claims as “unfounded” until after the murder conviction.
“All of these 11 reports were made before the child’s death,” said Dye Tierney. “It’s hard to see how CPS could have done anything but failed here; the consequences were tragic.”
Thomas died from hypothermia after being locked in a frigid garage for 16 hours, during which temperatures dropped to just 19 degrees. His 10-year-old brother survived the ordeal, which was nothing short of horrifying.
Barba, a 15-year veteran police officer, had even sent a text about disciplining the boys that was shocking in its brutality.
Tierney has called for legal changes aimed at improving the transparency of child protective services records.
Liakas Law and Bosworth Deangelo, representing Zubko-Valva, indicated they cannot share settlement figures until they receive Suffolk County Council’s approval. The legal team also expressed that this lawsuit has been intensely emotional for their client.
“This resolution highlights the need for collaboration with lawmakers to implement essential reforms that ensure the safety of children,” they stated. “Regrettably, we can’t bring Thomas back, but perhaps this can lead to better protection for other children in the future.”
“It’s been traumatic for Zubko-Valva and her family, who are grieving their loss while also dealing with other challenges,” the legal team added.
The Suffolk County lawyer declined to comment on the matter Thursday.
