Gardasil Lawsuit Payouts Could Raise Conflict-of-Interest Questions for RFK, Jr. as HHS Secretary: Report

Kennedy has a financial interest in attorneys fees from Gardasil lawsuits being pursued by individuals who experienced side effects from the HPV vaccine, which may cause issues while heading health agencies.

The nomination of Robert F. Kennedy, Jr. to lead the Department of Health and Human Services (DHHS) is being complicated by the fact that he has a financial interest in attorney fees that are contingent on any payouts awarded in Gardasil lawsuits being pursued against Merck, for failing to disclose serious health risks linked to the HPV vaccine.

Gardasil was first introduced by Merck in 2006, for the prevention of the human papillomavirus (HPV) infections among both young girls and boys, which can lead to the development of cervical cancer. The vaccine has also been widely administered to adults, since the manufacturer has maintained that it carries few, if any, side effects.

However, hundreds of Gardasil vaccine lawsuits now allege that Merck provided false and misleading information to doctors, and never disclosed that the HPV vaccine may result in permanent and life-changing autoimmune complications, including postural orthostatic tachycardia syndrome (POTS), lupus, fibromyalgia, premature ovarian failure, premature menopause, idiopathic thrombocyteopenic purpora (ITP), chronic pain, brain fog, fatigue, headaches and nerve damage.

Since August 2022, the claims have been consolidated as part of a federal Gardasil vaccine MDL (multidistrict litigation), where U.S. District Judge Kenneth D. Bell, Sr. is presiding over coordinated discovery and pretrial proceedings in the Western District of North Carolina, where lawyers are preparing for a series of early trial dates to help gauge what average Gardasil lawsuit payouts may be awarded by juries.

Early in the litigation, several plaintiffs’ attorneys were assigned to leadership positions in the litigation, during which they paid Kennedy for “referral services,” according to a signed ethics agreement (PDF) released on January 21.

Reports indicate Kennedy played a major role in Gardasil litigation and may be entitled to 10% of the contingent attorneys fees earned for some claims.

However, some critics have raised concerns that this financial interest in the potential Gardasil payouts may create a conflict of interest for Kennedy, given that he would be appointed to run agencies that have direct dealings with some of the defendants, such as Merck, while at the same time poised to profit from lawsuits against them.

Kennedy has indicated that he would resign as a consultant to Wisner Baum, the law firm he is working with on the Gardasil lawsuits, if he is confirmed. However, he indicated he still plans to receive referral fees from cases the firm wins outside of the U.S.

He has also indicated he will divest his holdings in other medical and pharmaceutical companies.

Kennedy DHHS Controversy

If appointed, Kennedy would be in charge of the National Vaccine Injury Compensation Program, which oversees federal compensation paid to consumers for injuries linked to vaccines, as part of an effort to prevent companies from being discouraged from making vast amounts of the products, which are not always highly profitable.

Some healthcare professionals have expressed alarm at the nomination of Kennedy, who has championed anti-vaccine rhetoric for years. He was part of Children’s Health Defense (CHD), which has filed almost 30 lawsuits against various vaccines.

Kennedy was previously suspended from Facebook and Instagram for allegedly spreading vaccine misinformation. However, his account was later reinstated. He resigned from CHD in December 2024.

Gardasil Litigation

To help the parties gauge how juries may respond to certain evidence and testimony that may be repeated throughout the HPV litigation against Merck, Judge Bell ordered the parties to select 16 Gardasil bellwether lawsuits last year, which have been undergoing case-specific discovery and preparations for a series of early trial dates, known as bellwether trials.

The court is expected to narrow the 16 selected claims down to a smaller group that will likely be prepared to go to trial near the end of 2025 or the beginning of 2026.

While the amount of any damages awarded in the bellwether cases will not have any binding impact on other Gardasil claims, the trials will be watched closely to see how juries rule, and whether they hit Merck with large financial penalties for failing to adequately warn about the potential Gardasil side effects.