Senate Democrats question RFK Jr. on vaccine settlement divestment

Several Senate Democrats are questioning whether Health and Human Services (HHS) Secretary Robert F. Kennedy Jr. truly divested his financial interests in a lawsuit he helped spearhead challenging the HPV vaccine Gardasil.

Before he was confirmed as HHS secretary, Kennedy was part of a lawsuit led by the firm Wisner Baum against the pharmaceutical company Merck, alleging that its HPV vaccine Gardasil caused neurological and autoimmune injuries.

During his confirmation process, Kennedy assured senators that he would divest his financial interests in the lawsuit, though he had initially indicated plans to retain part of the fees awarded in the case, arguing at the time that he was “entitled” to that money and wasn’t actively involved in the case as an attorney.

“An amendment to my Ethics Agreement is in process. It provides that I will divest my interest in any such litigation via an assignment to my non-dependent, adult son,” Kennedy wrote in a letter to Sen. Elizabeth Warren (D-Mass.) at the time.

Led by Warren, fellow Democratic Sens. Ron Wyden (Ore.), Richard Blumenthal (Conn.) and Angela Alsobrooks (Md.) questioned whether he stuck to this commitment.

In their letter to Kennedy, Warren wrote, “My staff has conducted a diligent review of all of your public financial disclosures and ethics documents and have identified no amendments or modifications to any of these materials. Nor has the Senate Finance Committee identified any information indicating you have changed the disposition of your Gardasil stake.”

The senators demanded to know whether Kennedy had transferred his stake in the lawsuit to a nondependent adult child, as he had said he would, or if he had transferred it to Wisner Baum.

Merck agreed to pay $50 million earlier this year to settle the lawsuit without admitting any guilt and maintained that its product was safe and effective. Gardasil first received approval in 2006 for female patients before getting expanded approval for male patients in 2009.

The lawmakers asked to know what fees he would stand to receive from the settlement.

The Hill has reached out to the HHS for comment on the inquiry.

When reached for comment, Wisner Baum said in a statement. “Neither Secretary Kennedy nor his son have received any fees from any alleged settlement with Merck related to Gardasil. At no time will either receive any fees from the alleged Gardasil settlement.”