Robert F. Kennedy Jr.’s nomination for Secretary of the Department of Health and Human Services faced significant scrutiny during confirmation hearings this week, particularly regarding his financial stake in a civil lawsuit against pharmaceutical giant Merck. The lawsuit, which alleges marketing fraud related to Merck’s HPV vaccine, Gardasil, has drawn criticism from Democrats, including Senator Elizabeth Warren. Warren expressed concerns that Kennedy could leverage his position to influence legal actions against vaccine manufacturers and potentially profit from them, which could create conflicts of interest. She accused Kennedy of potentially “killing off access to vaccines” while profiting from lawsuits.
In response to these concerns, Kennedy, who had previously maintained in his ethics plan that he was entitled to the lawsuit proceeds as long as the U.S. government wasn’t involved, declared on Friday that, if confirmed, he would divest his financial stake in the ongoing litigation. This marked a significant shift from his earlier position. Kennedy also clarified in a written statement to the Senate Finance Committee that an amendment to his ethics agreement was in progress, which would ensure his complete divestment from the case.
Kennedy’s testimony earlier in the week had left some ambiguity regarding his position on the lawsuit’s potential financial gain. He had initially suggested that he would relinquish his rights to the fees, though his ethics plan still indicated he was entitled to them. The clarification Friday emphasized his commitment to divest his interest in the Merck lawsuit to avoid any potential conflicts of interest.
Despite this reversal, Kennedy faced challenges in securing support from both Democrats and Republicans. Senator Bill Cassidy, a Republican, expressed hesitation over the nomination, citing Kennedy’s financial interest in the vaccine litigation. While Kennedy has earned millions of dollars in referral fees from unrelated lawsuits, including one involving pesticides, he has not yet earned any money from the Merck case, which is still in civil court.
