Ahead of a vote on Tuesday, Senate Finance Committee Democrats said recent financial disclosures from Robert F. Kennedy Jr. gave them “grave concerns” about whether he should be confirmed as leader of the Department of Health and Human Services (HHS).
In a letter to Kennedy dated Sunday, Sens. Elizabeth Warren (D-Mass.) and Ron Wyden (D-Ore.) said his recently edited ethics agreement raises even more questions about his financial conflict of interest related to suing vaccine makers.
“These conflicts, combined with your decades-long career casting doubt about the safety and efficacy of life-saving vaccines, give us grave concern about your fitness to serve as Secretary,” the senators wrote, noting he would stand to profit from lawsuits against HHS-regulated companies.
“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,” they wrote.
The Finance Committee is set to vote Tuesday on the recommendation to send Kennedy’s confirmation to the floor. Kennedy needs a majority to advance, but if all Democrats oppose, he can’t lose any Republican votes.
Sen. Bill Cassidy (R-La.), a physician-turned-politician who sits on the Finance Committee, has emerged as a central figure in the confirmation fight.
Kennedy told senators last week in written answers to follow-up questions he will divest his financial stake in a lawsuit against pharmaceutical giant Merck over its vaccine that protects against human papillomavirus by signing over proceeds to his son.
Democrats have been raising concerns about Kennedy’s intention to keep a financial interest from major lawsuits against vaccine manufacturers. In his initial ethics statement, Kennedy said he would keep 10 percent of the fees awarded in cases that he referred to Wisner Baum, a personal injury firm.
But Warren and Wyden said his new arrangement “is plainly inadequate,” and asked for specific commitments to resolve any “direct or indirect financial incentive to interfere with HHS’s vaccine proceedings.”
They said if he is confirmed to lead HHS, Kennedy must recuse himself from all vaccine-related communications and decisions, recuse himself from all HHS matters involving a case or litigation that he or his family have an interest in, and pledge not to litigate cases involving vaccines, represent parties in vaccine-related cases, or have a financial interest in such litigation for at least four years after leaving office.
“You cannot credibly serve as Secretary without clearly and fully addressing these conflicts,” the senators wrote.
