What to learn about RFK Jr.’s monetary ties with a private damage legislation agency
As Robert F. Kennedy Jr.’s affirmation hearings to function the nation’s prime well being official play out on Capitol Hill, President Trump’s nominee to steer the Division of Well being and Human Providers is dealing with scrutiny not just for his anti-vaccine views, however whether or not he income from them.
If confirmed, Kennedy would wield management over federal vaccine coverage and the regulation of drugmakers, whilst he stands to probably revenue from vaccine-related litigation.
How Kennedy made cash from lawsuits
Kennedy for years has earned referral charges from Wisner Baum, a Los Angeles private damage legislation agency that’s presently suing Merck, alleging the pharmaceutical large did not correctly warn the general public about dangers from its vaccine in opposition to human papillomavirus (HPV), Gardasil, based on monetary disclosure paperwork filed by Kennedy with the Workplace of Authorities Ethics.
Wisner Baum is representing a plaintiff in a trial in opposition to Merck and different lawsuits are within the works in North Carolina.
“An amazing physique of scientific proof, together with greater than 30 years of analysis and improvement together with actual world proof generated by Merck and by impartial investigators, continues to assist the protection and efficacy profiles of our HPV vaccines,” Rahway, New Jersey-based Merck mentioned Tuesday in a assertion on the litigation. “The plaintiff’s allegations haven’t any benefit, and we stay dedicated to vigorously defending in opposition to these claims within the upcoming trial.”
In a congressional listening to on Wednesday, Sen. Elizabeth Warren, a Massachusetts Democrat, repeatedly requested Kennedy if he would conform to forgo funds stemming from litigation in opposition to drugmakers after disclosing in Ethics Workplace filings that he may acquire authorized charges for referring potential plaintiffs in Wisner Baum’s fits in opposition to Merck over its HPV vaccine, which is to stop cervical most cancers.
Kennedy has made about $2.5 million since 2022 in his work with the legislation agency, together with $850,000 final yr, public information present. Kennedy, himself a longtime private damage lawyer, might earn much more if the litigation in opposition to Merck prevails given that he’s opting to maintain his stake within the pending courtroom case, based on ethics paperwork filed earlier than his affirmation hearings.
Kennedy has a consulting association to refer instances to Wisner Baum, which is pursuing instances associated to the HPV vaccine Gardasil. If Kennedy is confirmed, he mentioned he would resign from that association.
“I’m entitled to obtain 10% of charges awarded in contingency price instances referred to the agency,” Kennedy said in his ethics pledge. In line with the doc, Kennedy will retain an curiosity in instances that don’t contain the U.S. as a celebration and during which the U.S. doesn’t have a “direct and substantial curiosity.”
On the identical time, Kennedy vowed to divest his rights to cost in contingency price instances during which the U.S. is a celebration or has a direct or massive curiosity to a “non-dependent, grownup member of the family.”
Monetary battle of curiosity?
Kennedy’s plan to proceed accumulating contingency charges whereas serving as Well being and Human Providers secretary raises questions as a matter of ethics and coverage, based on Kathleen Clark, a legislation professor at Washington College in St. Louis, “It is very uncommon for a cupboard secretary to retain an curiosity in contingency price litigation,” Clark informed CBS MoneyWatch. “It is troubling.”
For instance, if Kennedy stands to financially achieve in lawsuits in opposition to Merck or different drugmakers, his impartiality as HHS secretary might face scrutiny if the businesses confronted a federal enforcement motion or submitted a drug for presidency approval, Clark added.
Wisner Baum mentioned it hasn’t paid Kennedy for his work linked to the agency’s fits in opposition to Merck, which is simply getting began in California.
The agency “has solely compensated Mr. Kennedy for Monsanto Roundup-induced non-Hodgkins lymphoma instances, Woolsey Fireplace instances and Paradise/Camp Fireplace instances. All of those instances alleged company wrongdoing that induced life-changing hurt to victims,” Wisner Baum mentioned in a press release to CBS MoneyWatch.
“We’re presently in trial within the first Gardasil case in Los Angeles. We hope, like in Roundup, soundbites take a backseat to fact, take a backseat to precise proof, and a jury returns a verdict sending the identical message a number of juries did in Roundup — shoppers need to know the reality, and politics has nothing to do with it,” mentioned Wisner Baum’s managing companion, R. Brent Wisner, alluding to long-running ligation in opposition to Monsanto, now owned by Germany’s Bayner, over a weedkiller alleged to trigger most cancers.
Kennedy additionally made one other $326,056 in wage and advantages from the Youngsters’s Well being Protection, which he based and previously chaired, based on his ethics filings. The nonprofit has filed dozens of state and federal lawsuits difficult vaccine and public well being mandates. Its targets embrace the federal businesses that Kennedy would run at HHS.
Through the listening to, Warren pointed to a number of adjustments Kennedy might make which may enrich him in reference to such lawsuits if he’s authorized as well being secretary. That features appointing anti-vaccine advocates to vaccine advisory panels, eradicating vaccines from suggestions or altering the way in which the vaccine damage compensation program works.
Kennedy wouldn’t decide to Warren’s request to forgo contingency charges whereas serving as HHS secretary. Nevertheless, in written responses to Warren on Friday, Kennedy agreed to amend his ethics settlement, a doc that ought to be “completely reviewed” earlier than the Senate strikes ahead on Kennedy’s nominatioin, the senator’s workplace said.
“It could be inadequate for RFK Jr. to solely divest his curiosity within the Gardasil case whereas leaving the window open to revenue from different anti-vax lawsuits, together with future instances he might convey after leaving workplace,” Warren mentioned in a press release on Friday.
A spokesperson for Kennedy didn’t reply to a cellphone message requesting remark. Representatives for the Trump transition staff didn’t reply to requests for remark.
MAHA trademark pending
Throughout Wednesday’s listening to, Sen. Mike Crapo, a Republican of Idaho, requested Kennedy if there was “something that you’re conscious of in your background which may current a battle of curiosity inside the duties of the workplace to which you might have been nominated?”
Kennedy replied “No, Mr. Chairman.”
As a part of the affirmation proceedings, Kennedy in December disclosed incomes $100,000 from variations of his slogan, “Make America Wholesome Once more” and its abbreviation — MAHA — on stickers, hats and hoodies. Kennedy had in current months utilized for trademark safety for the phrase, setting the stage for advertising dietary supplements, nutritional vitamins, important oils and cryptocurrency, based on paperwork filed with the U.S. Patent and Trademark Workplace.
Kennedy has since transferred possession of the trademark utility to a restricted legal responsibility firm managed by Del Gibtree, a longtime anti-vaccine activist.
contributed to this report.
