Class Action Targeting GSK’s Whooping Cough Vaccine Proceeds in N.Y. Federal Court

NEW YORK — A New York federal judge has refused to dismiss a putative class action targeting GlaxoSmithKline’s whooping cough vaccine Boostrix, ruling that the plaintiff has exhausted her administrative remedies under the National Childhood Vaccine Act.

In a Nov. 29 order, Judge Gary R. Brown of the U.S. District Court for the Eastern District of New York further found the plaintiff adequately alleged an injury — that she was misled by GSK’s advertising and received a painful, ineffective vaccine as a result.

Lori DeCostanzo sued GlaxoSmithKline PLC and its U.S. subsidiary GlaxoSmithKline LLC, alleging their ad campaign for Boostrix …