Robert F. Kennedy Jr., President Trump’s nominee for Health and Human Services secretary, told senators Friday he will divest his financial stake in a lawsuit against pharmaceutical giant Merck over its vaccine that protects against human papillomavirus.
In a written response to questions from Sen. Elizabeth Warren (D-Mass.), Kennedy said he is amending his ethics agreement and that, if confirmed, he will not profit from the litigation.
“An amendment to my Ethics Agreement is in process. It provides that I will divest my interest in any such litigation via an assignment to my non-dependent, adult son,” Kennedy wrote.
Kennedy’s answers to written questions came after he testified Wednesday before the Senate Finance Committee.
During the hearing, Democrats including Warren raised concerns about Kennedy’s intention to keep a financial interest from major lawsuits against vaccine manufacturers. In the ethics statement, Kennedy said he would keep 10 percent of the fees awarded in cases that he referred to Wisner Baum, a personal injury firm.
Democrats said it was a massive conflict of interest because he would be making money from lawsuits against the companies regulated by the Department of Health and Human Services.
“Kennedy can kill off access to vaccines and make millions of dollars while he does it,” Warren said during the hearing. “Kids might die, but Robert Kennedy can keep cashing in.”
In a statement Friday after Kennedy’s answers were posted, Warren said there were still concerns.
“While he has now pledged in writing to fix his flawed ethics agreement, the answers he has provided to this committee also raise new questions about the scope of his conflicts,” Warren said, adding that the ethics agreement must ensure Kennedy “cannot use his role as Health Secretary to open the floodgates to more anti-vaccine litigation and then cash in after he leaves office.”
“Given these ongoing questions, RFK Jr.’s nomination must not move forward to any Senate vote until the details of his revised ethics agreement can be thoroughly reviewed,” Warren said.
According to public records, Kennedy has made about $2.5 million since 2022 in his work with Wisner Baum.