Delayed Financial Disclosure of Health Secretary Raises Questions About Merck Lawsuit
The anticipated financial disclosure from Health Secretary RFK Jr. has yet to be released, sparking public curiosity about his possible earnings from a lawsuit against Merck, a company he now oversees in his role. This delay leaves questions about the potential conflict of interest in his new position.
ELISSA NADWORNY, HOST: Annually, federal officials of high rank are required to submit financial reports to disclose their business connections and assets, aiming to prevent personal interests from overshadowing public service. Although the deadline for filing was in May, the forms for several of President Trump’s Cabinet members, including Health Secretary Robert F. Kennedy Jr., have yet to be made public. NPR pharmaceuticals correspondent Sydney Lupkin has been monitoring these disclosures and joins us. Hi, Sydney.
SYDNEY LUPKIN, BYLINE: Hi.
NADWORNY: The public has been waiting to access these disclosures for months. What are you hoping to learn?
LUPKIN: This situation traces back to 2025 during Kennedy’s Senate confirmation. He entered an ethics agreement to manage income streams from his previous roles, including work as an antivaccine activist and attorney. Part of the agreement allowed him to continue receiving fees from Wisner Baum law firm, which had sued Merck over the HPV vaccine, Gardasil. Kennedy referred families to this class action, earning a potential 10% from any awards or settlements.
NADWORNY: How does this present a conflict now that Kennedy is the health secretary?
LUPKIN: The Department of Health and Human Services (HHS), which Kennedy heads, oversees the FDA, responsible for regulating pharmaceutical companies like Merck, involved in the lawsuit. Senator Elizabeth Warren highlighted this potential conflict during Kennedy’s confirmation. Consequently, Kennedy amended his ethics agreement to direct any referral fees to a “nondependent adult family member.” Yet, his influence over companies like Merck remains significant. Kathleen Clark, a government ethics law professor at Washington University, explains lawmakers’ concerns.
KATHLEEN CLARK: “What if Merck is just plying HHS Secretary Kennedy with money through this settlement because Merck has a lot of business before HHS?”
NADWORNY: Can you update us on the status of the Merck lawsuit?
LUPKIN: The lawsuit settled in June, but specifics on the settlement amount remain undisclosed by Wisner Baum and Merck. Reports suggested a $50 million settlement, prompting renewed inquiries from Senator Warren and others about potential profits for Kennedy’s family. On August 1, Kennedy addressed this via social media, claiming the fees returned to the Wisner Baum firm and not to his family, including his son employed there. This contradiction fuels the call for transparency through his financial disclosure.
NADWORNY: When can we expect clarity on this issue?
LUPKIN: Kennedy may have received an extension on the filing deadline, but even that extension is nearing its end. The documents should be available soon, and I’ll be monitoring their release. I’ve reached out to the health department for comments on the legal fees but have yet to receive a response.
NADWORNY: Thank you for your insights, Sydney.
LUPKIN: You’re welcome.
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