By Two Democratic senators on the committee that will get to decide whether to advance Robert F. Kennedy Jr.’s nomination say his recent financial disclosure filing gave them “grave concern” about whether he should become the next health and human services secretary.
In a letter to Kennedy dated Sunday, Sens. Elizabeth Warren, D-Mass., and Ron Wyden, D-Ore., said his recently amended ethics disclosure form only raised additional questions about the scope of his potential financial conflicts of interest.
“What is clear is that your involvement and financial interests in vaccine litigation are broad and extensive. It seems possible that many different types of vaccine-related decisions and communications—which you would be empowered to make and influence as Secretary—could result in significant financial compensation for your family,” wrote Warren and Wyden, who are on the Finance Committee.
“These conflicts, combined with your decades-long career casting doubt about the safety and efficacy of life-saving vaccines, give us grave concern about your fitness to serve as Secretary,” they continued.
Late last week, in a written follow-up response to senators after his testimony before two committees, Kennedy said he would divest his interest in ongoing litigation against Merck, an HPV vaccine maker, by signing over his financial stake to his son.
Before last week’s hearings, Kennedy disclosed that his financial interests included referral fees from law firms, including from the law firm Wisner Baum. The law firm is suing Merck over the Gardasil vaccine, which protects against human papillomavirus.
“I am entitled to receive 10% of fees awarded in contingency fee cases referred to the firm. I am not trying these cases, I am not an attorney of record for the cases, and I will not provide representational services in connection with the cases during my appointment to the position of Secretary,” his filing read.
Kennedy’s subsequent decision to sign over his interest to his adult son did not allay concerns of the Democratic lawmakers, who said he could retain an “indirect” financial stake in litigation involving a vaccine case against a company regulated by HHS.
The senators called on Kennedy to make a series of commitments in writing to address their concerns about financial conflicts, including that he would recuse himself from vaccine-related decisions and communications, recuse himself from HHS matters that involve cases or litigation that he or his family have an interest in, and pledge not to litigate cases involving vaccines or have a financial interest in litigation for four years after he leaves the post.
Kennedy was roundly criticized last week after his financial disclosures were filed, with Warren pointedly asking him whether he would pledge that for four years after he leaves his post as health and human services secretary he would not profit from his actions in government. Kennedy would not do so.
He has said he would abide by ethics guidelines while he was HHS secretary. A spokesperson for Kennedy declined to comment.
The Finance Committee will vote on Kennedy’s nomination Tuesday; a simple majority will have to approve sending his nomination to the full floor to advance his candidacy.
