$990K GSK Class Action Settlement -- New Yorkers Who Got the Shot to Protect Others Can Claim $10 or $50
By Steve Levine
Published: March 25, 2026
Claim Deadline: June 8, 2026
Payment: $50 with proof of vaccination / $10 without proof
Location: New York residents or anyone vaccinated in New York
You may remember the ads. Cartoon wolves prowling around families, lurking near babies, representing whooping cough as a predator waiting to strike. The tagline encouraged you to get vaccinated -- not just for yourself, but to protect the people around you who were most vulnerable. Those ads were part of GlaxoSmithKline's "Big Bad Cough" campaign, and GSK is now paying to settle a class action lawsuit alleging the campaign was misleading.
GSK makes a vaccine called Boostrix, which is a Tdap booster shot that protects against tetanus, diphtheria, and pertussis (whooping cough). The vaccine is FDA-approved, widely used, and works as intended to protect the person who receives it. This lawsuit is not about the vaccine being unsafe or ineffective.
The issue is specifically about what GSK told consumers the vaccine would do for the people around them. The Big Bad Cough ads encouraged adults to get the Boostrix shot specifically to prevent them from spreading whooping cough to babies, grandparents, and other vulnerable family members. The lawsuit alleged that this messaging overstated the vaccine's ability to prevent the vaccinated person from transmitting pertussis to others.
GSK denied the allegations and says its ads accurately reflected CDC guidance on pertussis vaccination at the time. The court did not decide who was right. Both sides agreed to settle.
This settlement is limited to people with a connection to New York. You qualify if all of the following are true: you are an adult who 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 happened between May 20, 2016 and May 20, 2020, you got the shot specifically to protect one or more other people from whooping cough (not just for your own routine booster), and you saw one or more of GSK's Big Bad Cough advertisements before getting vaccinated.
Women who were vaccinated with Boostrix while pregnant are excluded from the settlement class.
There are two payment levels.
$50 if you have proof of vaccination. Acceptable proof includes a vaccination record from your pharmacy, a receipt from your doctor's office, a record from your health insurance, or a printout from your state's immunization registry. If you are not sure whether your records still exist, check with the pharmacy where you received the shot -- many pharmacies maintain vaccination records for several years. You can also check the New York State Immunization Information System.
$10 if you do not have proof. You can submit a claim form with a sworn attestation confirming that you received Boostrix during the class period. No documentation is required for the $10 payment.
Either way, you must file a claim by June 8, 2026.
Submit your claim form online at BigBadCoughSettlement.com or download and mail a paper claim form. If you are submitting proof of vaccination, include it with your claim. The settlement administrator will review all claims and may request additional information. Paper claims must be postmarked by June 8, 2026.
This needs to be said clearly because the headline "vaccine lawsuit" can easily be misinterpreted. Boostrix has been and remains FDA-approved. The plaintiff in this case did not allege that she contracted pertussis or transmitted it to anyone else. She did not challenge the safety or efficacy of Boostrix for protecting the person who receives the vaccine. This case is entirely about whether GSK's advertising overstated one specific claim -- the vaccine's ability to prevent transmission to others.
GSK has stated that the Big Bad Cough campaign accurately portrayed the CDC's guidance for pertussis vaccination during the relevant time period.
The Big Bad Cough campaign ran nationally, but this settlement class is limited to New York. That is because the lawsuit was filed in the Eastern District of New York and the class was certified based on New York law. If you saw the ads but were vaccinated outside of New York, you are not part of this settlement.
However, the legal theory behind this case -- that a pharmaceutical company can be held liable for overstating a vaccine's transmission-prevention claims in consumer advertising -- could influence future lawsuits in other states. If similar cases are filed under other states' consumer protection laws, the scope of eligible claimants could expand significantly.
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 through May 20, 2020
Case: DeCostanzo v. GlaxoSmithKline plc et al., No. 2:21-cv-04869-NJC-AYS
Court: U.S. District Court, Eastern District of New York
Plaintiff: Lori DeCostanzo
Defendants: GlaxoSmithKline plc (now GSK plc) and GlaxoSmithKline LLC
Allegation: Big Bad Cough ads overstated Boostrix's ability to prevent whooping cough transmission
Payment: $50 with proof of vaccination / $10 without proof
Claim Deadline: June 8, 2026
Class Period: May 20, 2016 through May 20, 2020
Location: New York residents or anyone vaccinated in New York
Excluded: Women vaccinated while pregnant
Attorney Fees: Up to $1,950,000
Service Award: $7,000 for plaintiff Lori DeCostanzo
Class Counsel: Siri & Glimstad LLP
Settlement Website: BigBadCoughSettlement.com
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Please note that your claim form will be rejected if you submit a settlement claim for payout with any fraudulent information. By providing this information and your sworn statement of its veracity, you agree to do so under the penalty of perjury. You would also be harming others that actually qualify for the class action settlement. If you are not sure whether or not you qualify for this class action settlement, visit the class action administrator's website at BigBadCoughSettlement.com. OpenClassActions.com is a consumer advocacy and class action news site, and is not a class action administrator or a law firm.
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