Robert F Kennedy Jr and Democratic Sen. Elizabeth Warren of Massachusetts got into a heated exchange during the Senate Finance Committee confirmation hearing for President Donald Trump’s pick to lead the Department of Health and Human Services.
Warren began by saying that the two of them agree on one thing – Big Pharma “has too much power in Washington.”
“You’ve said that you will quote ‘slam shut the revolving door between government agencies and the companies they regulate’,” Warren said, adding that it “sounds great.”
“So here’s an easy question: Will you commit that when you leave this job, you will not accept compensation for a company, a medical device company, a hospital system, or a health insurer for at least four years, including as a lobbyist or a board member?” Warren asked.
“I’m happy to commit to” not taking money from drug companies, Kennedy said after some confusion. “I don’t think any of them wants to give me money, by the way.”
Warren accused Kennedy of urging people to join lawsuits against vaccine makers.
“In the past two years, you’ve raked in two and a half million dollars from a law firm called Wisner Baum,” said Warren.
“You go online, you do commercials to encourage people to sign up with Wisner Baum to join lawsuits against vaccine makers. And for everyone who signs up, you personally get paid. And if they win their case, you get 10 percent of what they win,” she added, noting that “if you bring in somebody who gets ten million you walk away with a million dollars.”
“You just said that you want the American people to know you can’t be bought,” Warren continued. “Your decisions won’t depend on how much money you could make in the future. You won’t go to work for a drug company after you leave HHS.”
“But you and I both know there’s another way to make money. So Mr. Kennedy, will you also agree that you won’t take any compensation from any lawsuits against drug companies while you are secretary and for four years afterward?” she asked.
Kennedy accused Warren of making him “sound like a shill” before saying that he wouldn’t take any fees from drug companies during his time as secretary.
The misunderstandings between the senator and Kennedy continued apace.
“I’m asking about fees from suing drug companies. Will you agree not to do that?” an increasingly frustrated Warren asked.
“You’re asking me to not sue drug companies,” said Kennedy.
“No, you can sue drug companies as much as you want,” the senator pushed back before going through a litany of dire scenarios. “If you get confirmed, you can influence every one of those lawsuits. Well, let me start the list. You can publish your anti-vaccine conspiracies, but this time, on US government letterhead, something a jury might be impressed by. You could appoint people … who share your anti-vax views and let them do your dirty work.”
She added: “You could tell the CDC vaccine panel to remove a particular vaccine from the vaccine schedule. You could remove vaccines from special compensation programs, which would open up manufacturers to mass torts. You could make more injuries eligible for compensation, even if there is no causal evidence.”
“You could change vaccine court processes to make it easier to bring junk lawsuits. You could turn over FDA data to your friends at the law firm, and they could use it however it benefited them. You could change vaccine labeling. You could change vaccine Information rules. You can change which claims are compensated in the vaccine injury compensation program,” said Warren.
The senator said that there are “a lot of ways” that Kennedy could “influence” lawsuits as HHS secretary, before asking once again that he not take a “financial stake” in those lawsuits for his work as secretary to not benefit him “down the line.”
“I will comply with all the ethical guidance,” said Kennedy.
“That’s not the question,” Warren retorted.
“Senator, you’re asking me not to sue vaccine companies–” Kennedy started before being interrupted by an enraged Warren.
“No, I am not!” she shouted.
“No one should be fooled here,” she continued, arguing that as HHS secretary, Kennedy would have the power to “undercut” vaccines and vaccine manufacturing.
“For all of his talk about follow the science … the bottom line is the same: Kennedy can kill off access to vaccines and make millions of dollars while he does it. Kids might die, but Robert Kennedy can keep cashing in,” said Warren.