The Department of Health and Human Services (HHS) says claims that Secretary Robert F. Kennedy Jr. kept a financial interest in Gardasil vaccine litigation are false. "Any claim that Secretary Kennedy maintained a financial interest in this litigation after taking office is false," HHS spokeswoman Emily G. Hilliard said, according to the Associated Press report on the senators' questions, published Sept. 25.
The statement responded to four Democratic senators who asked why Kennedy assigned his share of fees from the HPV vaccine cases to his former law firm, Wisner Baum, instead of to his adult son, as his amended ethics agreement had described. The senators said the change was not disclosed to Congress or the public for 18 months. The AP reported that Kennedy's son Conor Kennedy works at Wisner Baum.
The dispute matters to families because Kennedy oversees federal vaccine policy, including recommendations for the HPV vaccine, which helps prevent several cancers caused by the virus. Questions about whether a health secretary has financial ties to litigation against a vaccine maker bear on public trust in those decisions.
HHS Says Kennedy Kept No Financial Interest
In an Aug. 25 letter to Sen. Elizabeth Warren, HHS Assistant Secretary for Legislation Gary Andres wrote that "on February 11, 2025, after further consideration, Secretary Kennedy irrevocably assigned his outstanding contingency-fee interests in the Gardasil cases directly to WisnerBaum," according to the HHS response letter to Warren.
The letter also said that "under applicable conflicts-of-interest law, only the interests of a spouse and minor children are imputed to Executive Branch officials." In other words, the law treats a spouse's or minor child's financial interests as the official's own, but not those of an adult child or a law firm.
HHS also pointed to a May 14, 2025, report in which its designated agency ethics official told the leaders of the Senate Finance and HELP committees that Kennedy "had provided evidence of his compliance with the terms of his ethics agreement." The department's position is that once the fee interest was irrevocably assigned, Kennedy no longer held it.
Senators Seek Answers by Oct. 8
Sens. Warren of Massachusetts, Ron Wyden of Oregon, Richard Blumenthal of Connecticut, and Angela Alsobrooks of Maryland sent their letter to Kennedy on the ethics agreement change on Sept. 24 and asked for responses by Oct. 8. "Your decision to withhold this information from Congress and apparent failure to report this change to agency ethics officials is deeply alarming," they wrote. They added that "this amounts to non-disclosure to Congress and an apparent failure to adhere to reporting through required ethics channels."
The senators noted that the assignment took place Feb. 11, 2025, two days before the Senate confirmed Kennedy on Feb. 13, 2025, and that Congress did not know about the change at the time of the vote, according to a Warren press release on the ethics agreement deviation. They said they learned of it through HHS's Aug. 25 response to an inquiry from their offices.
Their nine questions ask Kennedy to describe the legal process and terms of the assignment, including anything of value he received from or was promised by Wisner Baum or anyone else. They also ask whether he sought an amendment to his ethics agreement and whether he first transferred the stake to his son. "If you made any kind of implicit or explicit agreement for future payment or other future rewards with Wisner Baum in exchange for assigning them this stake, it would mean that you have an ongoing conflict of interest," the senators wrote.
The senators noted that ethics documents HHS provided to Congress on May 12, 2025, indicated that the Feb. 1 agreement was still in place. The letter also asks about the size of the award tied to Kennedy's fee interest and whether he has received compensation from any vaccine injury lawsuit while in office. In June 2026, Merck agreed to settle nearly all of the Gardasil litigation without admitting liability. People familiar with the matter said the company would pay more than $50 million to settle more than 200 cases. Merck said the evidence continues to support the safety and effectiveness of its HPV vaccines.
How the Fee Arrangement Began
A contingency fee is a share of any money a law firm wins for its clients, paid only if a case succeeds. Kennedy referred cases to Wisner Baum and received 10% of the money awarded in successful cases. His relationship with the firm earned him roughly $2.5 million over three years, according to a February 2025 letter from Warren and Wyden, which cited CBS News reporting.
Kennedy amended his ethics agreement on Feb. 1, 2025, agreeing to transfer the interest to "a non-dependent adult family member," which he later clarified would be his adult son. HHS says the later assignment to the firm was complete and irrevocable. The senators say the change should have been disclosed and want to know whether any unwritten understanding, such as future payments or a job, could keep a financial connection alive. No ethics office or court has publicly found wrongdoing.
The dispute adds to earlier scrutiny of Kennedy's confirmation testimony. The AP noted that he has faced questions about vaccine policy pledges he later changed and about his statement that a 2019 trip to Samoa had nothing to do with vaccines, an account that documents obtained by the AP contradicted. HHS maintains that he has complied with his ethics obligations.
Public Trust and the HPV Vaccine
The HPV vaccine remains recommended in the United States, with routine vaccination at ages 11 to 12, to help prevent HPV-related cancers, including cervical cancer. Parents with questions about the vaccine can talk with their child's pediatrician.
The senators also asked Kennedy to make public any recusals from agency decisions involving Gardasil and to commit to refusing compensation from lawsuits against drug companies and from vaccine injury lawsuits while in office and for four years after. The HHS statement reported by the AP did not address those requests.
The next milestone is the Oct. 8 deadline for Kennedy's response.
Key Questions Answered
What does HHS say? HHS says Kennedy did not keep any financial interest in the Gardasil litigation after taking office and that its ethics official reported his compliance in May 2025.
What are the senators asking? They want to know why Kennedy's fee interest went to Wisner Baum instead of his son, why the change was not disclosed, and whether any future payment arrangement exists.
When did the transfer happen? According to HHS, on Feb. 11, 2025, two days before the Senate confirmed Kennedy.
Why does it matter who received the interest? Under federal conflict-of-interest law, only a spouse's or minor child's interests count as the official's own. The senators argue that any unwritten promise of future benefit from the firm would still create a conflict.
Has anyone found wrongdoing? No ethics office or court has publicly found wrongdoing. The senators have requested answers by Oct. 8.
Does this change HPV vaccine recommendations? No. The HPV vaccine remains recommended for preteens, and parents can discuss questions with a pediatrician.
Published by Medicaldaily.com
