Kennedy Was Paid Over $2 Million for Referrals Against Vaccine Makers

One line of questioning that senators might pursue are the legal payments that Robert F. Kennedy Jr. received in recent years for consulting and referring clients to Wisner Baum, a Los Angeles personal injury law firm.Public records show that this business arrangement has been worth about $2.5 million since 2022 — with the potential for more to come.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.Senator Mike Crapo, a Republican of Idaho, asked Mr. Kennedy early in the hearing if there was “anything that you are aware of in your background that might present a conflict of interest with the duties of the office to which you have been nominated?”Mr. Kennedy responded: “No, Mr. Chairman.”Ethics experts have taken a different view.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 involves a plaintiff who claims 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 were 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.”Mr. Kennedy said he would end his consulting and client-referral deal with Wisner Baum if confirmed and would only collect fees on the pending cases. 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.