Robert F. Kennedy Jr. would retain earnings from litigation against Merck if confirmed as President Donald Trump’s Health and Human Services (HHS) secretary, according to a federal ethics disclosure. Kennedy, who endorsed Trump after ending his own presidential bid, is set for a Senate hearing on his nomination next week.
As HHS secretary, Kennedy would oversee the pharma industry, sparking opposition from health and consumer groups due to his anti-vaccine stance. Reuters recently reported Kennedy’s key role in organizing lawsuits against Merck over its HPV vaccine, Gardasil. Michael Baum, a lead attorney in the cases, said Kennedy guided them to bypass the government-run vaccine compensation program, which limits pharma liability.
Kennedy has a deal to earn 10% of fees from Gardasil cases referred to Baum’s firm, WisnerBaum, as disclosed in a letter to an HHS ethics official. He would retain this financial interest in cases unrelated to the U.S. government if confirmed.
Kennedy stated he is not “an attorney of record” for WisnerBaum but has filed appearances in several Gardasil lawsuits, court records show. As of Wednesday, he had not withdrawn from these cases. Kennedy reported earning at least $857,000 from WisnerBaum in a separate ethics disclosure but did not specify which cases contributed to this income.
The Gardasil lawsuits accuse Merck of fraudulently promoting the vaccine’s safety while hiding risks. Merck denies the allegations, asserting its HPV vaccines are safe and backed by research.
High-level U.S. nominees routinely disclose financial interests during confirmation processes. Neither Kennedy nor Baum has commented on the matter.
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