RFK Jr. intends to keep financial interest in some lawsuits brought by firm that challenges pharmaceutical companies

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By Fredreka Schouten

(CNN) — Robert F. Kennedy, Jr. – the vaccine skeptic President Donald Trump has nominated to serve as Health and Human Services secretary – plans to retain his financial interest in some litigation brought by Wisner Baum, a law firm whose specialties include pursuing pharmaceutical drug injury cases.

Ethics records released Wednesday indicate that Kennedy intends to keep collecting fees related to past referrals of clients to the firm, even as he would serve in a position to oversee policies that affect drug makers should the Senate confirm him to the post. Kennedy’s confirmation hearings before two Senate committees are scheduled for next week.

Kennedy’s financial disclosures, filed as part of his potential role in the incoming administration and during his brief run for the presidency last year, show he has earned more than $2.4 million from the Wisner Baum arrangement in recent years.

Wisner Baum is currently suing Merck over Gardasil – which is administered to young people to prevent HPV, the human papillomavirus – with a trial beginning this week in California, according to the firm’s website. Long-lasting infections with certain types of HPV can lead to cancer later in life.

Wisner Baum describes itself as home to the “top Gardasil lawyers in America.”

In his ethics agreement posted Wednesday, Kennedy said he would resign from his consulting arrangement with the firm if he’s confirmed by the Senate. However, he said he was entitled “to receive 10% of fees awarded in contingency cases referred” to Wisner Baum and intended to retain that contingency fee interest in cases that the HHS ethics office determines “do not involve the United States as a party and in which the United States does not have a direct and substantial interest.”

Kennedy pledged to divest his “interest from all pending contingency fee cases that involve claims against the United States, including any claims filed under the National Vaccine Injury Compensation Program,” a reference to the special vaccine court that compensates for injuries.

CNN has reached out to a Kennedy spokesperson and the Department of Health and Human Services.

Kennedy has long sought to sow doubts about the safety and efficacy of vaccines, including Gardasil – which the Centers for Disease Control and Prevention recommends as part of routine vaccinations for children at ages 11 or 12.

In a statement to CNN, Merck said, “An overwhelming body of scientific evidence, including more than 30 years of research and development along with real world evidence generated by Merck and by independent investigators, continues to support the safety and efficacy of our HPV vaccines.”

In his filings Wednesday, Kennedy said he also has a referral agreement with another firm, Morgan & Morgan PA, that entitled him to receive 10% of fees awarded in cases he referred. Kennedy said he has no outstanding contingency fee cases with that firm and would receive no further payment on past cases.

He said he would end his agreement with Morgan & Morgan if confirmed.

CNN’s Meg Tirrell and Aaron Pellish contributed to this report.

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