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Robert F Kennedy Jr has agreed to retain his share of any potential winnings from litigation against pharmaceutical company Merck, even if he becomes the top US health official under Donald Trump, according to ethics records.
In an ethics agreement released on Wednesday, Kennedy stated that he would maintain his stake in the case filed by law firm Wisner Baum against Merck’s Gardasil vaccine, which prevents human papillomavirus, or HPV.
“I am entitled to receive 10 per cent of fees awarded in contingency fee cases referred to the firm,” wrote Kennedy, who serves as co-counsel at Wisner Baum, in a letter to the ethics officer at the US Department of Health and Human Services.
Kennedy, known for his skepticism towards vaccines and Trump’s pick for health secretary in November, clarified that he would keep interests in cases not involving the US or those where the state did not have a “direct and substantial interest”.
The ethics records were made public on Wednesday as Mike Crapo, chair of the Senate finance committee, announced that Kennedy’s confirmation hearings would take place the following Wednesday.
Kennedy, a member of the prominent Democratic political family, emphasized that he had no direct involvement in the Merck case and pledged not to influence the outcome if appointed as health and human services secretary.
The first of a series of cases alleging injuries from Merck’s vaccine is currently being heard in a Los Angeles court this week. Kennedy first joined the legal fight against Gardasil in 2018.
Additionally, Kennedy stated he would resign from his consulting position at Wisner Baum. In financial records filed with the US Office of Government Ethics on Wednesday, Kennedy disclosed $11.6mn in income over the past two years, including $8.8mn from his work as an environmental attorney at Kennedy & Madonna. He vowed to step down from his role at the firm.
Kennedy also received $856,559 from Wisner Baum during the same period, as per the records. He held minor stakes in biotech companies Crispr Therapeutics and Dragonfly Therapeutics, according to the financial disclosures.
The disclosures have sparked controversy over Trump’s decision to select a vocal vaccine skeptic and activist to oversee the US health department, which includes key divisions and agencies like the Food and Drug Administration and National Institutes of Health.
The delay in Kennedy’s Senate hearing, initially scheduled for this week, is seen by some as a sign that he may face challenges in gaining approval from the important health and finance committees before a full Senate vote.
Some senators have raised concerns about Kennedy’s stance on vaccines and abortion, among other matters.
The litigation against Merck over Gardasil is just one of Kennedy’s high-profile anti-vaccine lawsuits. Gardasil is recommended for 11- and 12-year-olds by the Centers for Disease Control and Prevention, with 160mn doses distributed by the end of 2022, as per official figures. Certain strains of HPV can lead to cervical cancer.
Kennedy did not respond to requests for comments, while Merck expressed confidence in their defense against the plaintiff’s claims.
