Senate Democrats Probe Health and Human Services (HHS) Secretary Robert F. Kennedy Jr.’s Gardasil Lawsuit Divestment

Senate Democrats led by Sen. Elizabeth Warren wrote to HHS Secretary Robert F. Kennedy Jr. asking whether he has transferred his interest in the Gardasil litigation to his adult son as pledged, or to the plaintiff firm Wisner Baum. The inquiry follows Kennedy’s assurance during his confirmation that he would divest any financial stake.

The Hill

Before his confirmation, Kennedy participated in a lawsuit filed by Wisner Baum against Merck, alleging that the HPV vaccine Gardasil caused neurological and autoimmune injuries. Kennedy said he was “entitled” to retain part of the fees awarded, though he claimed he was not actively acting as an attorney. Merck settled the case for $50 million earlier this year without admitting wrongdoing. Gardasil received FDA approval for females in 2006 and for males in 2009.

The Hill

• In a letter to Sen. Warren, Kennedy wrote, ““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,” — Robert F. Kennedy, secretary”.

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• Wisner Baum issued a statement that neither Kennedy nor his son have received any fees from the settlement and will not receive any.

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• Merck maintained that its product is safe and effective despite the settlement.

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• “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,” — Robert F. Kennedy, secretary

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• “My staff has conducted a diligent review of all of your public financial disclosures and ethics documents and have identified no amendments or modifications to any of these materials. Nor has the Senate Finance Committee identified any information indicating you have changed the disposition of your Gardasil stake.” — Sen. Elizabeth Warren

The Hill