GSK Said the Boostrix Shot Would Protect Your Baby From Whooping Cough, The Ad Was Misleading Claim Before June 8
GlaxoSmithKline (now GSK plc) ran a television and digital advertising campaign called “Big Bad Cough” urging adults to get the BOOSTRIX Tdap vaccine to prevent them from spreading whooping cough to babies. A class action lawsuit filed by plaintiff Lori DeCostanzo alleged that message was false — that BOOSTRIX did not actually stop vaccinated people from transmitting pertussis bacteria to others.
GSK plc and GlaxoSmithKline LLC agreed to settle the lawsuit. New Yorkers who got the BOOSTRIX vaccine between May 20, 2016, and May 20, 2020, after seeing that specific campaign can claim up to $50 in cash. The deadline is June 8, 2026.
Quick Facts
| Field | Detail |
| Settlement Amount | TBD (total fund not publicly disclosed) |
| Claim Deadline | June 8, 2026 |
| Who Qualifies | NY residents who viewed the “Big Bad Cough” ad and received BOOSTRIX in NY, May 20, 2016 – May 20, 2020, to protect someone else |
| Payout — With Proof | $50 |
| Payout — Without Proof | $10 |
| Proof Required | Optional — vaccination records boost payout from $10 to $50 |
| Settlement Status | Preliminarily Approved (Feb. 16, 2026) |
| Administrator | Angeion Group |
| Official Website | BigBadCoughSettlement.com |
Where Things Stand Right Now
- The BOOSTRIX class action settlement received preliminary approval from the court on February 16, 2026.
- The opt-out and objection deadline is May 11, 2026. The claim filing deadline is June 8, 2026.
- The final fairness hearing is scheduled for 10:00 a.m. Eastern Time on July 2, 2026, in Courtroom 1040 of the U.S. District Court for the Eastern District of New York, 100 Federal Plaza, Central Islip, NY 11722.
The “Big Bad Cough” Campaign Promised Something the Vaccine Couldn’t Deliver
BOOSTRIX is a Tdap vaccine — a booster shot that protects against tetanus, diphtheria, and pertussis (whooping cough). GSK marketed it heavily to adults through a campaign called “Big Bad Cough,” which encouraged people to get vaccinated specifically to protect newborns and vulnerable family members from contracting whooping cough from them.
The lawsuit, brought by Lori DeCostanzo, alleged that the “Big Bad Cough” advertising campaign was misleading regarding BOOSTRIX’s prevention of the recipient’s transmission of pertussis. The core scientific claim at issue: the ads suggested the vaccine would stop a vaccinated adult from spreading pertussis bacteria to others. But the lawsuit alleged that science did not support that claim.
The lawsuit said that BOOSTRIX’s claims were false, as the vaccine did not hinder the transmission of pertussis and in fact increased the likelihood that an individual may experience an asymptomatic infection and pass it to small children or babies. In other words, the concern wasn’t just that the ads overpromised — it was that vaccinated people could still silently carry and spread the bacteria, potentially putting the very infants the campaign was designed to protect at greater risk.
GSK vigorously defended the litigation on several grounds and denied any wrongdoing or liability whatsoever, but agreed to settle to avoid the cost and uncertainty of continued litigation.
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You Got the Boostrix Shot in New York to Protect Your Baby — Here’s the Three-Part Test
This settlement has a narrow but specific eligibility window. All three conditions must apply to you:
- You may qualify if you viewed the “Big Bad Cough” advertising campaign between 2015 and 2020 — this includes television ads, digital ads, or other media placements featuring that specific campaign.
- You may qualify if you lived in New York at the time of vaccination or were vaccinated with BOOSTRIX in the State of New York at any point between May 20, 2016, and May 20, 2020.
- You may qualify if you got the BOOSTRIX vaccine specifically to protect someone else from whooping cough — a newborn, an elderly parent, or another vulnerable person.
The settlement covers all adults who viewed the “Big Bad Cough” advertising campaign, and either lived in New York at the time or were vaccinated with BOOSTRIX in New York, and were vaccinated with BOOSTRIX from May 20, 2016 through May 20, 2020 to protect one or more other individuals from pertussis.
If you got BOOSTRIX for your own protection only — not to protect another person — you likely do not qualify. If you live outside New York and were not vaccinated in New York, you do not qualify under this settlement.
$10 Without Records, $50 With Them — Your Two Payout Options
The payout structure here is unusually straightforward. Your vaccination records directly determine how much you receive:
The settlement provides $50 if you provide qualifying proof of your BOOSTRIX vaccination during the class period, and $10 if you do not provide proof.
That $40 difference makes it worth spending 10 minutes digging through your records. Qualifying proof of vaccination includes documentary records created by a healthcare provider or pharmacy that administered the Tdap vaccination that reflect vaccination with BOOSTRIX during the class period, documents prepared by the insurer covering the class member with regard to the subject vaccination that reflect the vaccination with BOOSTRIX, or any other satisfactory medical documentation of the vaccination with BOOSTRIX created before February 10, 2025 by a third party that recorded the date and type of vaccination.
Where to look for your records: your primary care physician’s patient portal, your pharmacy’s immunization history (CVS, Walgreens, and Rite Aid all keep these), your health insurer’s explanation of benefits records, or your state immunization registry. New York maintains the New York State Immunization Information System (NYSIIS), which your provider may have reported to.
Attorneys’ fees and litigation expenses for this settlement will not exceed $1,950,000. The total settlement fund amount has not been publicly disclosed in available sources.
Three Steps to Claim Your $50 Before the June 8 Deadline
Step 1 — Go to BigBadCoughSettlement.com to file your claim online. This is the fastest method and takes roughly 10 minutes.
Step 2 — If you prefer paper, call 1-833-978-4147 or email [email protected] to request a paper claim form. Mail your completed form with any vaccination proof to: Big Bad Cough Settlement, Attn: Claim Forms, 1650 Arch St., Ste. 2210, Philadelphia, PA 19103. Your envelope must be postmarked no later than June 8, 2026.
Step 3 — Include your qualifying proof of vaccination if you have it, to receive $50 instead of $10. If you cannot locate records, you can still file and receive the $10 payment — no documentation required.
Estimated time to complete: 10 minutes (without proof); 20–30 minutes if you need to locate vaccination records first.
From the Ad Campaign to the Courthouse — The Full Timeline
| Milestone | Date |
| “Big Bad Cough” campaign begins | 2015 |
| Class period begins | May 20, 2016 |
| Class period ends | May 20, 2020 |
| DeCostanzo v. GlaxoSmithKline plc et al. filed | TBD |
| Preliminary approval granted | February 16, 2026 |
| Settlement notice issued (Angeion Group) | March 10, 2026 |
| Opt-out / Objection deadline | May 11, 2026 |
| Claim filing deadline | June 8, 2026 |
| Final fairness hearing | July 2, 2026, 10:00 a.m. ET |
| Expected payment date | TBD — post final approval |
Frequently Asked Questions
Do I need a lawyer to file a claim?
No. You file directly online at BigBadCoughSettlement.com or by mailing a paper form. Class counsel represents all class members in the settlement negotiation. The entire process takes about 10 minutes and requires no legal knowledge.
Is this GSK Boostrix settlement legitimate?
Yes. The settlement was announced on March 10, 2026 by Angeion Group, the court-appointed settlement administrator, in the case DeCostanzo v. GlaxoSmithKline plc et al., pending in the U.S. District Court for the Eastern District of New York. The official settlement website is BigBadCoughSettlement.com.
When will I receive my payment?
Compensation will begin to be distributed to class members only after final approval has been granted and any appeals have been resolved. The final hearing is July 2, 2026. Assuming no appeals, payments could begin distributing in late 2026.
What if I missed the claim deadline?
The claim deadline is June 8, 2026. If you miss it, you will not receive a payment. However, if you also did not submit an exclusion request by May 11, 2026, you remain bound by the settlement and give up your right to sue GSK separately over these claims. Contact Angeion Group at 1-833-978-4147 before the deadline if you have questions.
Will this settlement payment affect my taxes?
Possibly. False advertising settlement payments may be treated as ordinary income depending on the nature of the payment and your individual tax circumstances. The $10 or $50 amounts are small, but consult a tax professional if you have questions about reporting requirements.
I got a Tdap booster but I’m not sure it was specifically BOOSTRIX — does that count?
No. This settlement covers only BOOSTRIX specifically — not other Tdap vaccines like Adacel (made by Sanofi). Check your vaccination records for the specific brand name. If your records show “Tdap” without specifying the brand, contact your provider or pharmacy for clarification before the June 8 deadline.
I live outside New York — can I still file?
Only if you were physically vaccinated in New York during the class period, even if you lived elsewhere. Eligibility requires that you either lived in New York at the time or received a BOOSTRIX vaccination in the State of New York between May 20, 2016 and May 20, 2020. If both conditions are absent, you do not qualify under this settlement.
What rights do I give up if I stay in the class?
If you are a class member and do nothing, you will be bound by the settlement and will give up any right to sue GSK in a separate lawsuit related to the legal claims in this lawsuit. If you want to preserve your independent right to sue GSK over the “Big Bad Cough” campaign, you must formally exclude yourself by May 11, 2026.
Sources & References
- Official Settlement Website: BigBadCoughSettlement.com
- Official Court Notice (PR Newswire, March 10, 2026): prnewswire.com — Angeion Group Settlement Notice
- U.S. District Court for the Eastern District of New York — DeCostanzo v. GlaxoSmithKline plc et al.
Last Updated: March 31, 2026
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Legal claims and outcomes depend on specific facts and applicable law. For advice regarding a particular situation, consult a qualified attorney.
About the Author

Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
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