Four Democratic senators are demanding answers from Health and Human Services Secretary Robert F. Kennedy Jr. over potential conflicts of interest tied to a recent Merck settlement.
Merck & Co. (MRK) agreed in early June to pay a $50 million settlement covering more than 200 lawsuits related to alleged adverse events linked to its HPV vaccine Gardasil.
Senators Elizabeth Warren, Angela Alsobrooks, Richard Blumenthal, and Andy Kim signed a letter sent to Kennedy this week raising serious concerns about financial benefits the settlement may provide to his family.
The lawmakers noted the settlement ties in multiple lawsuits for which Kennedy was the attorney of record and cases handled by his former employer, the law firm Wisner Baum.
Kennedy’s son currently works as an associate attorney at Wisner Baum, deepening the conflict concerns that senators say remain unresolved despite earlier ethics commitments during his confirmation.
“Now, it appears that your son could stand to gain millions of dollars from Merck’s recent settlement agreement, raising fresh concerns about conflicts of interest,” the lawmakers wrote in their letter.
Brent Wisner, managing partner of Wisner Baum, pushed back on those concerns, telling Reuters this week that Kennedy and his son will “at no time” receive fees from a Gardasil settlement.
The senators also questioned whether Kennedy may have exerted influence over the Merck settlement outcome in his capacity as HHS secretary, which would raise significant legal and ethical issues.
“The settlement – and the ongoing questions about whether you or your immediate family will benefit from it – raise further serious questions about any role HHS may have played in influencing the lawsuit’s outcome,” the senators wrote.
Warren, Blumenthal, Alsobrooks, and Kim allege Kennedy has not pledged to recuse himself from HHS, CDC, or FDA communications related to Gardasil, even as those communications could materially affect ongoing litigation.
Kennedy has also reportedly refused to decline compensation from vaccine injury lawsuits or to recuse himself from decisions tied to the Vaccine Injury Compensation Program, where Wisner Baum is seeking awards in dozens of cases.
Before leading HHS, Kennedy worked as a vaccine injury attorney and was listed as attorney of record in several Gardasil-related cases, creating financial entanglements that watchdogs flagged during his confirmation process.
During his confirmation, Kennedy amended his ethics agreement to detail plans to divest his interests in Gardasil cases to Wisner Baum, with proceeds directed to his non-dependent adult son.
Kennedy had also stated he planned to retain a 10 percent fee from settlements tied to cases he referred to Wisner Baum for the Gardasil lawsuit, raising further questions about ongoing financial exposure.
According to his financial disclosure form, RFK Jr. collected $856,000 from Wisner Baum last year, underscoring the scale of his financial relationship with the firm.
“This settlement appears to reinforce a lucrative and dangerous playbook – litigators with ties to anti-vaccine organizations sue drug companies with scientifically dubious claims and undermine trust in vaccines and America’s public health as a result,” the four senators wrote.
The lawmakers have laid out a list of 21 questions and commitment requests they are demanding Kennedy address in response to their letter.