In major reversal, Kennedy tells senators he won't take money from vaccine lawsuit
After a bruising round of confirmation hearings this week that left Robert F. Kennedy Jr.'s confirmation in doubt, the nominee for secretary of the Department of Health and Human Services declared in a written statement to senators on Friday that, if confirmed, he will divest his financial stake in an ongoing civil lawsuit against a vaccine manufacturer.
Kennedy’s commitment to walk away from the potential windfall is a major reversal for the nominee, who in his ethics plan submitted to federal officials earlier this month told lawmakers he was entitled to those proceeds so long as the U.S. government wasn’t involved.
Democrats had seized on Kennedy’s financial stake in the lawsuit, with Sen. Elizabeth Warren, D-Mass., warning that he could use his perch in government to make it easier for lawyers – including himself – to sue vaccine manufacturers and drug makers in court.
The lawsuit alleges marketing fraud against pharmaceutical company Merck for its HPV vaccine, Gardasil, which Merck denies. The Centers for Disease Control and Prevention (CDC) maintains that the vaccine has been proven safe, with more than 160 studies finding no concerns.
“Kennedy can kill off access to vaccines and make millions of dollars while he does it,” Warren said at Kennedy’s confirmation hearing on Wednesday.
“Kids might die, but Robert Kennedy will keep cashing in,” she added.
Kennedy struggled to lock-up conservative support for his nomination after testifying this week. On Wednesday, the Wall Street Journal’s right-leaning editorial board praised Warren, writing that her questioning "expose[d]" Kennedy.
The next day, Republican Sen. Bill Cassidy said he was “struggling” with Kennedy’s nomination, noting at one point that Kennedy was “financially vested in finding fault with vaccines.”
Kennedy told senators in his testimony Thursday that he was giving away his rights to the fees in the lawsuit against Merck. However, it was unclear whether he misspoke because his ethics agreement still maintained that he was entitled to the fees.
In written answers provided to the Senate Finance Committee on Friday, Kennedy clarified that an amendment was forthcoming.
“An amendment to my Ethics Agreement is in process, and it provides that I will divest my interest in this litigation,” he said.
Kennedy has earned millions of dollars in referral fees from law firms in the past for lawsuits unrelated to vaccines, including one involving a pesticide. He had not earned money yet from the Merck case, which only recently was taken up in civil courts.
In his testimony, Kennedy said he wanted to retain the right to sue drug companies even if confirmed.
“You’re asking me to not sue drug companies, and I am not going to agree to that,” he said.
