Warren, Wyden Press RFK Jr. to Resolve Conflicts of Interest Ahead of Committee Vote

As HHS Secretary, RFK Jr. would have authority to influence anti-vaccine lawsuits in which he or his immediate family have an interest
RFK Jr.’s updated ethics agreement states that he will pass personal stake in WisnerBaum lawsuits to adult son
“Your involvement and financial interests in vaccine litigation are broad and extensive…You cannot credibly serve as Secretary without clearly and fully addressing these conflicts.”
Text of Letter (PDF)
Washington, D.C. –U.S. Senators Elizabeth Warren (D-Mass.), a member of the Senate Finance Committee, and Ron Wyden (D-Ore.), Ranking Member on the Senate Finance Committee, wrote to Robert F. Kennedy (RFK) Jr., Trump’s nominee for Health and Human Services (HHS) Secretary, pressing him to urgently resolve his serious conflicts of interest before the committee vote Wednesday morning.
“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 the lawmakers.“You cannot credibly serve as Secretary without clearly and fully addressing these conflicts.”
Senators Warren and Wyden demanded that RFK Jr. commit to recusing himself from all vaccine-related communications and decisions and from all matters related to HHS-regulated entities involved in litigation that he or his family have an interest in. The lawmakers also asked him to commit to not litigate vaccine-related cases, represent parties in VICP-related cases, or have a financial interest in such litigation for at least 4 years after leaving office. The lawmakers also requested additional information regarding cases in which RFK Jr. served as an attorney of record.
In RFK Jr.’s original ethics agreement, submitted on January 21st, he disclosed to the Senate Finance Committee that he maintains an agreement with the law firm WisnerBaum in which he refers cases to the firm and receives 10% of the funds awarded in successful cases — earning him roughly $2.5 million in just the past three years. Some cases he has referred have involved anti-vaccine claims, including an ongoing case against the HPV vaccine Gardasil. In his original ethics agreement, RFK Jr. confirmed that he would maintain this arrangement while serving as HHS Secretary.
“As Secretary, you would have the power to strengthen plaintiffs’ hand in the litigation to increase their chances of winning. By using your authority and bully pulpit as Secretary to sway the outcome of the litigation and secure a big judgment or settlement, you would increase the chances of a large payout for yourself,”wrote the lawmakers.
During RFK Jr.’s Senate Finance Committee hearing on January 29th, Sen. Warrenpressed himon his conflicts of interest, specifically pushing him to commit to not take any compensation from any lawsuits against drug companies — such as the Gardasil case — while serving as Secretary and for four years afterwards. While RFK Jr. refused to commit during the hearing, heagreed to amendhis flawed ethics agreement following further pressure from Senate Democrats, recognizing that his personal stake in WisnerBaum cases posed a serious conflict of interest.
“Our concerns have only grown since your initial disclosures to the Finance Committee,”wrote the lawmakers.As Sens. Warren and Wyden note in their letter, recent developments have raised further questions since RFK Jr. submitted his initial ethics agreement, including:
“The arrangement outlined in your Ethics Agreement Amendment is plainly inadequate, as it would appear to allow an immediate family member to benefit financially from your position as Secretary,”wrote the lawmakers.“We cannot trust that your disclosures to the Finance Committee are accurate and complete based on the apparent omissions and lack of transparency surrounding how many cases you have referred to WisnerBaum and which specific vaccines are involved.”
Senator Warren led the charge in exposing and highlighting RFK Jr.’s dangerous conflicts of interest, firstraising the issuein his January 29th Senate Finance Committee confirmation hearing andcontinuing to pressure himfor further clarity. The Wall Street Journal Editorial Boardagreed with Senator Warren, writing: “Robert F. Kennedy Jr. pledged during his confirmation hearing on Wednesday to root out corruption between industry and government. Yet the man who wants to be the nation’s Secretary of Health and Human Services refused to rule out personally making money from lawsuits against drug makers. This ought to be disqualifying.”
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