Kennedy to divest from law firms that sue over vaccines

Jessie Hellmann, CQ-Roll Call on Jan 22, 2025

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WASHINGTON — Robert F. Kennedy Jr., President Donald Trump’s nominee to lead the Health and Human Services Department, will divest his interest from pending complaints he is involved in against the United States and the National Vaccine Injury Compensation Program if confirmed, according to filings released Wednesday.

However, under the ethics agreement, Kennedy will still receive “complete and final payment” for amounts owed to him from the law firm Wisner Baum for “all concluded cases that involve claims against the United States, including any claims filed under the VICP.”

The agreement also allows him to receive payment for pending cases in an amount “to be agreed upon” with Wisner Baum before assuming duties as HHS secretary, should he be confirmed.

“Divestiture will be accomplished either by transferring my right to payment back to WisnerBaum for sum certain, to be agreed upon and paid to me prior to my assuming the duties of the position of Secretary, or by forfeiture,” the ethics statement read.

The VICP allows people who claim to have been injured by vaccines to receive compensation outside of the court process. Kennedy has become known for bringing cases before the VICP and using the cases to drive doubt about vaccines.

Kennedy has a consulting arrangement to refer cases to Wisner Baum, which is pursuing cases related to the HPV vaccine Gardasil. If Kennedy is confirmed, he said he will resign from that arrangement.

The ethics agreement states he receives 10 percent of fees awarded in contingency fee cases. According to a financial disclosure also published Wednesday, Kennedy has received more than $800,000 from Wisner Baum.

“I am not trying these cases, I am not an attorney of record for the cases, and I will not provide representational services in connection with the cases during my appointment to the position of Secretary,” Kennedy wrote in his ethics agreement.

Kennedy will continue receiving fees in cases that don’t involve the U.S. if approved to do so by the Office of Government Ethics.

Kennedy said he will also terminate another referral agreement with Morgan & Morgan, another personal injury law firm involved with vaccine cases.

Under that agreement, he also received 10% of fees awarded in contingency fee cases referred to the firm.

He stated he currently has no contingency fee cases outstanding with the firm and isn’t entitled to receive further payment on past cases.

The filings also reveal other information about Kennedy’s finances.

Kennedy was employed by JW Howard Attorneys from Jan. 1 through December 2023, receiving more than $481,000. JW Howard is another law firm involved in vaccine litigation.

Kennedy said he has continued to provide free counsel to the firm since December 2023.

Kennedy is also a partner at Kennedy & Madonna LLP, where he has received more than $8.8 million. Upon confirmation, Kennedy would terminate that partnership, he stated in the ethics agreement. That firm changed its name to Madonna & Madonna LLP as of Jan. 13, 2025.

Kennedy received $451,000 from Skyhorse Publishing in consulting fees for author introductions, bonuses, book ideas and forewords to other authors’ works. He will also terminate that consulting relationship after confirmation.

Kennedy also received $100,000 to speak at the Rockbridge Fall Summit in November. Rockbridge is a group co-founded about five years ago by now-Vice President JD Vance.

According to the ethics agreement, Kennedy will also divest his interests in CRISPR Therapeutics, a gene editing biotechnology company, Amazon, Apple and other companies.

The disclosures came on the same day that the Senate Finance Committee announced that it has scheduled its nomination hearing for Kennedy for Wednesday, Jan. 29 at 10 a.m.

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