RFK Jr. says he'll stop collecting fees from HPV vaccine lawsuit, but other ethics questions remain

WASHINGTON (AP) — Facing intense scrutiny from senators over his potential profit from vaccine lawsuits while serving as the nation's health secretary, Robert F. Kennedy Jr. said that if he is confirmed he will not collect fees from litigation against the drugmakers of a cervical cancer vaccine.

Kennedy, who's President Donald Trump's pick to lead the U.S. Health and Human Services agency, told the Senate finance committee that he would amend his ethics disclosure after several senators, including Democrat Elizabeth Warren of Massachusetts, and his cousin Caroline Kennedy raised concerns about his financial arrangement with the law firm representing patients who are claiming injuries from the vaccines.

“An amendment to my Ethics Agreement is in process, and it provides that I will divest my interest in this litigation,” Kennedy said in a written response to the committee.

Initially, Kennedy had told the committee that he would continue to accept referral fees in legal cases that don’t involve the U.S. government. That included an arrangement with a law firm that's sued Merck over Gardasil, its human papillomavirus vaccine that prevents cervical cancer. The deal earned Kennedy $850,000 last year, and he told senators he had referred hundreds of clients to the firm.

During Wednesday's hearing, Warren outlined several ways in which Kennedy could make it easer to sue vaccine manufacturers.

“Kennedy can kill off access to vaccines and make millions of dollars while he does it,” Warren said. “Kids might die, but Robert Kennedy can keep cashing in.”

The issue also may have been a concern for Sen. Bill Cassidy, a Louisiana Republican who is also a physician and is conflicted over his vote on Kennedy's confirmation because of Kennedy's anti-vaccine views.

The Republican president's nominee is “financially vested in finding fault with vaccines,” Cassidy, the chairman of the health committee, noted as he ended Thursday's confirmation hearing.

Kennedy also stopped short of making other commitments, refusing to promise that he would not engage in lobbying Health and Human Services after his term ends.

Kennedy and his supporters have railed against that sort of activity, saying the “revolving door” of Washington — where federal officials trade public services jobs to influence government agencies while in the private sector — has undermined the U.S. public health system. He has criticized the practice at least a half-dozen times in social media posts over recent years.

Kennedy, who ran for president last year before dropping his bid and endorsing Trump, vowed in one post on X to “rein in lobbyists and slam shut the revolving door,” if elected president.

He first challenged President Joe Biden for the 2024 Democratic presidential nomination but then ran as an independent before striking a deal to endorse Trump in exchange for a promise to serve in a health policy role during a second Trump administration. Now, after two days of hearings, his shot at that job is on the line with concerns about his anti-vaccine advocacy prompting nearly all Democrats to reject his nomination and a handful of Republicans who are at least considering doing the same.

If Democrats unanimously oppose Kennedy, he'll need support from all but three Republicans. The Senate finance committee is expected to decide if he makes it to the Senate floor for a vote next week.

Kennedy's response to the Senate committee was first reported by The New York Times.