Additional Coverage:
Robert F. Kennedy Jr.’s confirmation as head of the Department of Health and Human Services remains uncertain after a contentious week of hearings. He now says he will divest his financial stake in a lawsuit against a vaccine manufacturer if confirmed.
This reverses his earlier stance. In his initial ethics plan, Kennedy claimed he was entitled to any proceeds from the suit as long as the U.S. government wasn’t involved.
Democrats, including Senator Elizabeth Warren, raised concerns about Kennedy’s potential conflict of interest. They argued he could use his position to facilitate lawsuits against drug companies, including his own.
The lawsuit accuses Merck of marketing fraud related to its HPV vaccine, Gardasil. Merck denies the allegations, and the CDC maintains the vaccine’s safety.
Senator Warren warned that Kennedy’s actions could limit vaccine access and endanger children, while benefiting him financially.
Kennedy’s testimony failed to secure conservative support. The Wall Street Journal editorial board and Republican Senator Bill Cassidy both expressed reservations about his nomination.
Initially, Kennedy testified he was relinquishing his rights to fees from the Merck lawsuit. However, his ethics agreement contradicted this statement.
He clarified on Friday, stating he will amend his ethics agreement to divest from the litigation.
Kennedy has previously earned millions in referral fees from other lawsuits, though not yet from the Merck case. He has also stated his intention to retain the right to sue drug companies even if confirmed.