A group of four Democratic U.S. senators, led by Senator Elizabeth Warren of Massachusetts, has requested detailed information from Health Secretary Robert F. Kennedy Jr. about potential financial benefits to his family tied to a recent Gardasil settlement involving Merck, according to a letter reviewed by Reuters.
The senators noted that Merck earlier this year agreed to pay $50 million to resolve litigation over its Gardasil human papillomavirus vaccine. The letter, sent on Monday, asks Kennedy to disclose whether his family stands to gain financially from that settlement and, specifically, whether the health secretary's share of any fees related to Gardasil litigation was transferred to one of his sons and, if so, how much was transferred.
Before his appointment as Health Secretary last year, Kennedy served as an attorney of record in some of the Gardasil cases. As head of the Department of Health and Human Services - which oversees agencies that regulate and fund vaccines - Kennedy now occupies a position that affects manufacturers such as Merck. The senators' letter highlights that tension and requests a response by Aug. 11.
The correspondence further notes that Kennedy did not commit to recusing himself from decisions by U.S. health agencies involving Gardasil or from broader policymaking on vaccine litigation, according to the letter. "You are charged with setting federal vaccine policy and regulating vaccine manufacturers, including Merck, even as your family and former employer may financially benefit from actions you take as Secretary," the senators wrote.
The Health and Human Services Department did not immediately respond to a request for comment. Merck also did not immediately respond to requests for comment. Kennedy's son did not immediately reply to a request for comment.
Kennedy has a long record of promoting anti-vaccine views and, since joining the administration, has implemented several changes to U.S. vaccine policy. Prior to taking office, he played a central role in organizing coordinated litigation against Merck on behalf of plaintiffs who alleged injuries from the Gardasil vaccine. Merck has consistently defended Gardasil's safety and effectiveness.
After his nomination, Kennedy initially said he intended to retain a 10% fee of any settlement involving Gardasil cases that he referred to the Wisner Baum law firm, which represented dozens of plaintiffs. In response to concerns raised by Warren and other lawmakers about a potential conflict of interest, Kennedy later said he would transfer his stake to a son. One of his sons, Conor, works at Wisner Baum.
Brent Weisner, managing partner at Wisner Baum, said in an email that "at no time" will Kennedy or his son receive fees from a Gardasil settlement. Weisner also suggested that lawmakers should examine the revolving door between industry and federal agencies such as the Food and Drug Administration, according to his emailed remark.
The U.S. Centers for Disease Control and Prevention currently recommends Gardasil as a routine immunization for 11- and 12-year-olds to help prevent cervical and other cancers caused by human papillomavirus. Earlier this year the CDC sought to revise its guidance to recommend a single dose of HPV vaccine for U.S. children rather than the two-dose regimen marketed by Merck, but a federal judge blocked that change.
Kennedy has for years advocated re-examining the process for obtaining compensation for vaccine injuries. Under current federal rules, patients who claim they were harmed by vaccines on the U.S. immunization schedule can pursue a limited set of damages through the Vaccine Injury Compensation Program (VICP), a fund administered by the Department of Health and Human Services.
In their letter, the senators noted that Wisner Baum has pursued awards from the VICP in more than a dozen lawsuits. They also asked whether the department led by Kennedy plans to expand the range of injuries eligible for federal compensation under the VICP among other potential changes to vaccine-injury policy.
As the inquiry unfolds, lawmakers are focused on transparency about any transfer of fees and on whether the health secretary will recuse himself from matters tied to Gardasil and vaccine litigation more broadly. The senators' deadline for a reply is Aug. 11.