Robert F. Kennedy Jr. intends to collect contingency fees from the law firm Wisner Baum for HPV vaccine litigation against Merck if he is confirmed as Secretary of Health and Human Services (HHS). Although he stated he would not actively participate in these cases during his tenure, his financial interest raises ethical questions about potential conflicts of interest, especially considering his regulatory responsibilities over drug manufacturers like Merck. Experts, including law professor Kathleen Clark, argue that his ethics agreement does not adequately address these conflicts, complicating his nomination as HHS head.
"Pursuant to the referral agreement, I am entitled to receive 10% of fees awarded in contingency fee cases referred to the firm," Kennedy wrote in his signed ethics agreement.
"RFK Jr's ethics agreement is inadequate because it doesn't address the bias created by his continuing financial interest in the litigation against Merck," Kathleen Clark, a law professor at Washington University in St. Louis who specializes in government ethics.
If he becomes HHS secretary and continues to collect fees, he would be in a position to potentially profit from vaccine litigation while also regulating drugmakers.
Kennedy will only collect the fees if Wisner Baum wins, and only for cases that aren't against the United States or in which the United States isn't a party.
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