Published
March 16, 2026
Updated
June 10, 2026
The GSK Boostrix Big Bad Cough advertising settlement is closed — here is who was eligible in New York and what the $10 to $50 payments required.
What Is This Settlement About?
If you live in New York — or if you received a whooping cough booster shot in New York between 2016 and 2020 — and you got that shot specifically to protect someone else in your life, like a baby, an elderly parent, or a family member with a weak immune system, this settlement could put $10 to $50 in your pocket.Here is what happened. GlaxoSmithKline, commonly known as GSK, is one of the largest pharmaceutical companies in the world. GSK makes a vaccine called Boostrix. Boostrix is a Tdap booster shot — it protects against three diseases: tetanus (which causes severe muscle spasms), diphtheria (a serious bacterial infection), and pertussis (commonly called whooping cough, a highly contagious respiratory illness that can be deadly for infants and young children).
Boostrix is FDA-approved and is one of the most widely administered booster vaccines in the United States. Adults commonly receive it every 10 years, and it is routinely recommended for adults who will be around newborn babies. This lawsuit does not challenge the safety or effectiveness of Boostrix itself — the vaccine works as intended to protect the person who receives it.
The issue is about GSK's advertising. Between 2015 and 2020, GSK ran a national advertising campaign called "Big Bad Cough." You may remember the ads — they featured cartoon-style humanized wolves representing whooping cough, lurking around families and babies. The campaign encouraged adults to get vaccinated with Boostrix not just for their own protection, but specifically to prevent them from spreading whooping cough to vulnerable people around them.
The lawsuit alleged that the Big Bad Cough ads were misleading because they overstated Boostrix's ability to prevent the vaccinated person from transmitting pertussis to others. In other words, the ads suggested that if you got the Boostrix shot, you would not spread whooping cough to your baby or grandparent — but the plaintiff argued that the science did not fully support that specific claim about preventing transmission.
GSK vigorously denied the allegations and says the ads accurately reflected CDC guidance on pertussis vaccination at the time. The court did not decide who was right. The parties agreed to settle.
Status
Claims Closed
Claim Deadline
June 8, 2026 (Passed)
Estimated Payout
$10 or $50
$50 with proof of Boostrix vaccination · $10 with sworn attestation
Eligibility
New York
NY residents or anyone vaccinated in NY between May 20, 2016 and May 20, 2020
Proof Required
Optional
required for the $50 tier; $10 tier needs only a sworn attestation
Do I Qualify?
You qualify if all of the following are true: you are an adult, you either lived in New York at the time of your vaccination or you were vaccinated with Boostrix in the state of New York, your vaccination occurred between May 20, 2016 and May 20, 2020, you got the Boostrix shot specifically to protect one or more other people from whooping cough (not just for your own protection), and you saw one or more of GSK's Big Bad Cough advertisements before getting vaccinated.You do not qualify if you were vaccinated with Boostrix while pregnant. Pregnant women are specifically excluded from the settlement class.
How Much Money Will I Get?
There are two payment levels depending on whether you can provide proof of your vaccination:If you have proof of vaccination — such as a vaccination record, pharmacy receipt, doctor's office record, or immunization registry printout showing you received Boostrix during the class period — you will receive $50.
If you do not have proof but you submit a claim form with a sworn attestation confirming that you were vaccinated with Boostrix during the class period, you will receive $10.
Either way, claims had to be filed by June 8, 2026 — that deadline has now passed.
How Were Claims Filed?
Class members could submit a claim form online at the settlement website or mail a paper claim form postmarked by June 8, 2026. The claim window is now closed and new claims are no longer being accepted.If you filed a claim before the deadline, the settlement administrator will review it and may request additional information. Payments are expected after the final approval hearing on July 2, 2026, assuming the court approves the settlement.
What Are the Important Dates?
Claim Deadline: June 8, 2026
Opt-Out Deadline: May 11, 2026
Objection Deadline: May 11, 2026
Final Approval Hearing: July 2, 2026 at 10:00 AM, Courtroom 1040, Central Islip, NY
Class Period: May 20, 2016 – May 20, 2020
What If I Didn't File a Claim?
The claim deadline passed on June 8, 2026, so it is no longer possible to file. Class members who did not file will not receive a payment but are still bound by the settlement and give up the right to sue GSK separately over the same advertising claims.Important Context About This Settlement
The court-authorized settlement notice includes several important clarifications: Boostrix has been and remains FDA-approved for immunization against pertussis, tetanus, and diphtheria. The plaintiff did not allege that she contracted pertussis or transmitted pertussis to anyone else. The plaintiff has not challenged the safety or efficacy of Boostrix for protecting the vaccine recipients themselves. The Big Bad Cough advertising campaign accurately portrayed the CDC's guidance for pertussis vaccination from the relevant time period, according to GSK.In simple terms, this case is not about the vaccine being unsafe or ineffective — it is specifically about whether GSK's ads overpromised the vaccine's ability to stop you from spreading whooping cough to others.
Case Information
Caption: DeCostanzo v. GlaxoSmithKline plc et al., No. 2:21-cv-04869-NJC-AYS
Court: U.S. District Court for the Eastern District of New York
Plaintiff: Lori DeCostanzo
Defendants: GlaxoSmithKline plc (now GSK plc) and GlaxoSmithKline LLC
Payment: $50 with proof / $10 without proof
Attorney Fees: Up to $1,950,000
Service Award: $7,000 for plaintiff Lori DeCostanzo
Claim: Misleading advertising — Big Bad Cough campaign overstated Boostrix's ability to prevent whooping cough transmission
Free settlement alerts
Get notified when new class actions open to claims
Join thousands of readers who get the latest class action settlements you may qualify for — delivered straight to your inbox.
Official Settlement Notice (PDF)
Settlement Website: BigBadCoughSettlement.com
Sources
• Official Settlement Website — BigBadCoughSettlement.com• Court-authorized class notice, DeCostanzo v. GlaxoSmithKline plc et al., No. 2:21-cv-04869-NJC-AYS (E.D.N.Y.)
For more class actions keep scrolling below.
Case Title
DeCostanzo v. GlaxoSmithKline plc et al.
Case Number
2:21-cv-04869-NJC-AYS
Court
U.S. District Court, Eastern District of New York
Final Approval Hearing
July 2, 2026 at 10:00 a.m. before Judge Nusrat J. Choudhury
Courtroom 1040 — Central Islip Courthouse, NY
Official Website
Big Bad Cough Settlement.com
