Jan 22 (Reuters) - Robert F. Kennedy Jr. would retain
legal fees earned from litigation against drugmaker Merck ( MRK ) 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 disclosure made public on Wednesday.
Kennedy, who ended his own presidential campaign last year
to endorse Trump, is set for a U.S. Senate hearing on his
nomination next week. As HHS secretary, Kennedy would wield
enormous influence over the pharma industry, and the nomination
is opposed by several health and consumer organizations over
Kennedy's role in sowing doubt about the safety and efficacy of
vaccines.
Reuters reported last week that Kennedy played an
instrumental role in organizing mass litigation against Merck ( MRK )
over its human papillomavirus shot Gardasil. One of the main
lawyers suing Merck ( MRK ), Michael Baum, told Reuters that Kennedy
"taught us" how to pursue Gardasil claims outside a special
government-run vaccine compensation program that limits pharma
company liability.
Kennedy has an arrangement to earn 10 percent of fees
awarded in contingency cases he refers to Baum's firm
WisnerBaum, according to a letter Kennedy wrote to an HHS ethics
official released on Wednesday. If confirmed, Kennedy would
retain that financial interest in cases that do not directly
impact the U.S. government, the letter said.
Kennedy and Baum did not immediately respond to requests for
comment. Merck ( MRK ) declined to comment.
High-level U.S. government officials routinely disclose
financial interests and potential conflicts during the
nomination process.
Kennedy wrote that he is "not an attorney of record" for his
WisnerBaum cases. However, Kennedy filed official court
appearances in several Gardasil cases, including one set for
trial in Los Angeles this week, court dockets show. As of
Wednesday, Kennedy had not appeared to have withdrawn from them.
In a separate ethics disclosure, Kennedy reported at least
$857,000 from WisnerBaum, and did not specify which cases
generated that income. Kennedy has collaborated with WisnerBaum
on litigation over Monsanto's weed killer Roundup.
The Gardasil lawsuits allege Merck ( MRK ) had fraudulently
advertised the vaccine as safe, overstating its benefits while
concealing knowledge of dangerous side effects. Merck ( MRK ) says the
cases have no merit and that research supports the safety of its
HPV vaccines.
(Reporting by Dan Levine in San Francisco and Mike Spector in
New York)