February 06, 2025

Ahead of Confirmation Vote, Warren, Kaine Call on RFK Jr. to Forfeit Stake in Anti-Vaccine Lawsuits

After pressure, Kennedy agreed to transfer stake in anti-vaccine lawsuits to his son, but would still have influence over those cases as HHS Secretary

“Your relationships with these entities [with business before HHS] will raise serious doubts about your impartiality if you participate in decisions about cases and other particular matters that involve them.” 

Text of Letter (PDF) 

Washington, D.C. – U.S. Senators Elizabeth Warren (D-Mass.), a member of the Senate Finance Committee, and Tim Kaine (D-Va.), a member of the Senate Committee on Health, Education, Pensions, and Labor, wrote to Robert F. Kennedy, Jr., nominee for Secretary of Health and Human Services (HHS), about his continued conflicts of interest. The senators called out Mr. Kennedy’s plan to enter office with a serious ethics conflict by keeping a financial interest in anti-vaccine lawsuits within his family, asked him to recuse himself from former clients’ matters, commit to not lobbying HHS after his tenure as Secretary, and more. 

Mr. Kennedy initially had an agreement with the law firm Wisner Baum that would allow him to earn 10% of any payments awarded to plaintiffs in cases he referred to the firm, including cases against the pharmaceutical company Merck’s Gardasil vaccine. As HHS Secretary, Mr. Kennedy would have the power to influence the outcome of those vaccine cases, including influencing Merck’s willingness to settle, or influencing the jury pool. Last week, Mr. Kennedy announced he would transfer his stake in those cases to his adult son, an attorney at Wisner Baum. 

“This arrangement simply does not pass the smell test. Your son is not an independent third party, and ethics experts have critiqued your plan as exploiting a loophole in the law,” wrote the senators. The lawmakers called on Mr. Kennedy to divest from cases he’s referred to the firm by either forfeiting the fee or agreeing with Wisner Baum to accept an amount not dependent on the outcome of cases during his tenure. 

Mr. Kennedy has also worked with an anti-vaccine advocacy group, Children’s Health Defense, which regularly sues the agencies he’d oversee as HHS Secretary, and a number of law firms with ongoing health-related matters. Mr. Kennedy has agreed to not work on his former clients’ matters for one year. However, the senators are concerned that the cooling-off period is too short to resolve the concern that he would not be impartial when handling matters involving former clients with whom he still has fresh relationships. To address such concerns, over a dozen Biden appointees voluntarily agreed to recuse themselves from former clients’ matters for four years. 

Mr. Kennedy also said he would continue to hold investments in a fund invested in multiple companies regulated by HHS, and that he would seek a waiver to work on matters that impact those investments. 

“You appear to be planning to make decisions that can impact your own investments in numerous health companies. We urge you to either divest these holdings before taking office or to recuse from all particular matters that could impact those holdings,” wrote the lawmakers. 

During his hearing, Mr. Kennedy committed to not working for a drug company for at least four years after leaving government service. However, he did not commit to not seeking compensation from entities that sue drug companies or that he would regulate or interact with at HHS. Numerous Biden appointees agreed to a cooling-off period of at least four years before working in the industries they regulated. 

“You should commit to not lobbying HHS for at least four years after leaving office, either as a formal registered lobbyist or informal shadow lobbyist — given that former high-level officials can leverage their influence not only by directly lobbying but through facilitating others to do so,” concluded the lawmakers. 

The senators asked Mr. Kennedy to make these commitments to increase American’s trust in his ability to serve the public interest during his time at HHS. 

Senator Warren has led the resistance to Donald Trump’s nominee to lead the Department of Health and Human Services, for his conflicts of interest and misleading views on vaccines: 

  • On February 4, 2025, following the Senate Finance Committee vote to advance the nomination of RFK Jr. for Secretary of Health and Human Services, Senator Warren gave remarks regarding Mr. Kennedy’s continued conflicts of interest. 

  • On February 3, 2025, Senators Warren and Ron Wyden (D-Ore.), Ranking Member on the Senate Finance Committee, wrote to RFK Jr., pressing him to urgently resolve his serious conflicts of interest before the committee vote Wednesday morning.

  • On January 31, 2025, following pressure from Senate Democrats, RFK Jr., agreed to amend his flawed ethics agreement (see Warren QFRs at the end of Part 2 and start of Part 3).

  • On January 29, 2025, at a hearing of the Senate Finance Committee, Senator Warren questioned Mr. Robert F. Kennedy Jr., nominee for Secretary of Health and Human Services, about his dangerous conflicts of interest and record of profiting from anti-vaccine conspiracies.

  • On January 18, 2025, ahead of RFK Jr.’s confirmation hearing for Secretary of Health and Human Services, Senator Warren sent a 34-page letter detailing her concerns with his nomination and asked him to answer 175 questions ahead of his hearing before the Finance Committee.

  • On November 14, 2024, in response to the news that President-elect Donald Trump selected Robert F. Kennedy Jr. to serve as Secretary of Health and Human Services, Senator Warren released a statement calling him a “danger to public health, scientific research, medicine, and health care coverage for millions of Americans.”

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