Kennedy says he won't commit to not suing drug companies as Warren presses him on financial conflict

Sen. Elizabeth Warren on Wednesday prodded Robert F. Kennedy Jr. to promise not to enrich himself from lawsuits against drug companies if he is confirmed as health secretary, but he declined. 

Ms. Warren, Massachusetts Democrat, referenced Mr. Kennedy’s financial disclosure report showing he raked in $2.5 million in fees for referring clients to Wisner Baum, a law firm that specializes in pharmaceutical drug injury cases.

She asked Mr. Kennedy in the Senate confirmation hearing if he would commit to not taking compensation from any lawsuit against drug companies while serving as health secretary, if confirmed, and four years after his government service ends. 

“I will certainly commit to that while I’m secretary,” Kennedy said. “Now I do want to clarify something, because you’re making me sound like a shill.”

Mr. Kennedy started to explain that he put together a science presentation for a case before Ms. Warren cut him off. 

“This is a really simple question. You’ve taken in 2.5 million dollars,” she said. “I want to know if you’ll commit right now that not only will you not go to work for drug companies, you won’t go to work suing the drug companies and taking your break out of that while you’re a secretary and for four years after.”

Mr. Kennedy declined. 

“If you’re asking me to not sue drug companies, I’m not going to agree to that,” he said. 

Ms. Warren said Mr. Kennedy would have broad authority to influence vaccine policies and regulations in ways that could influence pending and future lawsuits.

“I’m asking you to commit right now that you will not take a financial stake in every one of those lawsuits so that what you do as secretary will also benefit you financially down the line,” she said. 

“I’ll comply with all the ethical guidelines,” Mr. Kennedy responded. 

“That is not the question,” Ms. Warren fired back. 

Mr. Kennedy said she was asking him not to sue pharmaceutical companies.

“No, I am not,” Ms. Warren said, reiterating that her question is about him committing not to enrich himself.

Mr. Kennedy never agreed not to take fees from lawsuits against drug companies, which tracks with his ethics paperwork. 

In the ethics agreement, Mr. Kennedy said he would resign from his consulting arrangement with the Wisner Baum if he’s confirmed by the Senate, but that he would continue to collect 10% fees awarded in cases he referred to the firm if the HHS ethics office determines “the United States does not have a direct and substantial interest” in the case, according to CNN.

“The bottom line is the same: Kennedy can kill off access to vaccines and make millions of dollars while he does it,” Ms. Warren said. “Kids might die, but Robert Kennedy can keep cashing in.”