Lawmakers quizzed Robert F. Kennedy Jr. Wednesday during a Senate Finance hearing about his decision to keep a financial stake in litigation against a major vaccine maker.
Ethics records released in advance of the hearing said that Mr. Kennedy planned to receive fees on cases with the personal injury law firm Wisner Baum.
Mr. Kennedy has referred clients to the firm in cases claiming injuries from the Gardasil vaccine, a Merck product that is meant to prevent cervical cancer that can be caused by the human papillomavirus, or HPV.
Mr. Kennedy took the unusual step of keeping his stake in the pending litigation, according to ethics documents he filed in advance of his confirmation hearings. Mr. Kennedy said in his ethics filings that he would end his referral agreement with the law firm but would collect fees related to cases in the continuing cases.
The financial arrangement drew sharp criticism from Senator Elizabeth Warren, a Democrat from Massachusetts. She noted Mr. Kennedy’s history of suggesting that drug companies and federal officials are motivated by financial gain.
She accused Mr. Kennedy of profiteering from vaccine skepticism. She pointed to the financial stake in litigation against the vaccine maker Merck — and his intention to hold on to it even if he gains regulatory power over the company as health secretary.
“Kids might die,” Ms. Warren said. “But Robert Kennedy can keep cashing in.”
Public records show that Mr. Kennedy has earned about $2.5 million from his work with Wisner Baum since 2022. Mr. Kennedy earned fees related to his work with the firm on cases claiming harm from the weed killer Roundup, according to the firm. He also earned fees in cases related to California wildfires.
“All of these cases alleged corporate wrongdoing that caused life-changing harm to victims,” Wisner Baum’s managing partner, R. Brent Wisner, said in a statement Wednesday.
The Wisner Baum firm is currently representing a plaintiff in a bellwether trial against Merck that started this month in California, and other lawsuits are pending in North Carolina.
The California trial involved a plaintiff who claimed that she developed postural orthostatic tachycardia syndrome, or POTS, after getting the shot. A Merck spokesman has said the allegations have no merit.
Mr. Kennedy would receive a potentially significant sum if Merck settles the cases or if there is a verdict against the drug company in one of many jury trials that are expected.
Ethics experts said the business arrangement would be problematic if Mr. Kennedy is confirmed to be the nation’s health secretary. He would oversee the Food and Drug Administration and other agencies that issue key decisions for drug companies, including Merck. Some involve drug approvals, safety actions and funding for Medicare and Medicaid.
The arrangement, first reported by The Times, has drawn widespread attention. Caroline Kennedy, who released a scathing letter Tuesday detailing her concerns about her cousin, said the deal demonstrated that “he is willing to enrich himself by denying access to a vaccine that can prevent almost all forms of cervical cancer and which has been safely administered to millions of boys and girls.”
He also pledged to end a referral agreement with Morgan & Morgan, the large personal injury firm that is now suing major food companies, claiming that they harmed people with their addictive ultra-processed foods.
