By Dan Levine and Mike Spector
(Reuters) – Robert F. Kennedy Jr. will retain legal fees earned in the lawsuit against the drug manufacturer Merck (NSE:) if he is confirmed as President Donald Trump’s secretary of the U.S. Department of Health and Human Services, according to a federal ethics notice released Wednesday.
Kennedy, who ended his own presidential campaign last year to support Trump, is scheduled to hold a US Senate hearing on his nomination next week. As HHS secretary, Kennedy would have enormous influence over the pharmaceutical industry, and the nomination is opposed by several health and consumer organizations because of Kennedy’s role in sowing doubt about the safety and effectiveness of vaccines.
Reuters reported last week that Kennedy played a key role in orchestrating massive lawsuits against Merck over its Gardasil human papillomavirus vaccine. One of the lead lawyers suing Merck, Michael Baum, told Reuters that Kennedy “taught us” how to pursue Gardasil claims outside of a special government vaccine compensation program that limits drug companies’ liability.
Kennedy has an agreement to earn 10 percent of the contingency fees awarded to Baum’s WisnerBaum firm, according to a letter Kennedy wrote to the HHS ethics official released Wednesday. If confirmed, Kennedy will retain that financial interest in cases that do not directly affect the US government, the letter said.
Kennedy and Baum did not immediately respond to requests for comment. Merck declined to comment.
High-level US government officials routinely disclose financial interests and potential conflicts during the nomination process.
Kennedy wrote that he was “not a lawyer” for his WisnerBaum cases. However, Kennedy has made formal court appearances in several Gardasil cases, including one scheduled for trial this week in Los Angeles, court records show. By Wednesday, Kennedy did not appear to have withdrawn from them.
In a separate ethics disclosure, Kennedy reported receiving at least $857,000 from WisnerBaum, without specifying which cases generated that income. Kennedy worked with WisnerBaum on litigation Monsanto (NYSE: ) Roundup Weed Control.
The lawsuits against Gardasil allege that Merck falsely advertised the vaccine as safe, exaggerating its benefits while concealing knowledge of dangerous side effects. Merck says these cases have no merit and that research supports the safety of its HPV vaccines.
