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February 4, 2025
by Ferdous Al-Faruque

Kennedy nomination clears hurdle, heads to Senate floor for final vote

The US Senate Finance Committee voted 14 to 13 down party lines to forward Robert Kennedy Jr.'s nomination to lead the Department of Health and Human Services (HHS) to the Senate floor for a vote. While Republican lawmakers lauded Kennedy as a nominee who wants to reform the healthcare system, Democrats warned that his views on vaccines could ultimately hurt Americans.
 
On 4 February, the Finance Committee briefly discussed Kennedy’s nomination as the next HHS secretary. Sen. Mike Crapo (R-ID), chair of the Finance Committee, said if confirmed, Kennedy will have the opportunity to deliver much-needed change to the US healthcare system to make it more affordable. He also noted that since the committee met the previous week to hear Kennedy defend his nomination, he has amended his ethics agreement to go beyond what is typically required by the government ethics office.
 
Crapo was referring to a moment last week when Sen. Elizabeth Warren (D-MA) said that Kennedy had made $2.5M from the law firm Wizner Baum for encouraging people to join lawsuits against vaccine makers. She also said he would earn another 10% if Merck, the maker of the HPV vaccine Gardasil 9 (Human Papillomavirus 9-valent Vaccine, Recombinant), loses the case and warned that, as HHS secretary, Kennedy could influence policies and make it easier for such suits to succeed in the future. (RELATED: Kennedy’s contentious nomination hearings hinge on vaccine, abortion policy, Regulatory Focus 30 January 2025)
 
During last week’s hearing, Warren asked Kennedy to pledge not to receive any compensation from such lawsuits against drugmakers as HHS secretary and four years after his term. Kennedy declined, arguing it would hamper his ability to sue vaccine makers in the future. However, after the hearing, he agreed not to accept compensation directly but to divert it to one of his adult sons. (RELATED: This Week at FDA: Kennedy faces Senate scrutiny, Trump’s ‘buyout’ offer to federal employees, Regulatory Focus 31 January 2025)
 
During the latest hearing, Warren argued that Kennedy’s pledge was insufficient and there was still a conflict of interest because the money was going to a family member. She again warned her colleagues that Kennedy could use his position as HHS secretary to take actions that he could later profit from if he sued vaccine makers.
 
"No one is fooled by what's happening here,” said Warren.
 
Democrats argued that Kennedy was unfit to lead HHS due to his lack of experience in medicine, science, healthcare, and his controversial positions on issues such as vaccines. However, Thom Tillis (R-NC) said he voted for him precisely because he was not a healthcare expert and because he sees the healthcare system through the lens of an attorney who has experience suing the agencies he wants to lead.
 
"I hope [Kennedy] goes wild and actually finds a way to reduce the cost of healthcare,” said Tillis. “I hope he goes wild, and instead of having the discussions we have had for the 10 years that I've been in the Senate of making Medicaid work and making people on Medicaid healthier, I hope he goes wild because the status quo has not achieved much in the way of gains."
 
"Maybe it is time to have a different kind of disruptor there," he added.
 
Sen. Peter Welch (D-VT), however, warned that Kennedy had done “weird” things that called into question his character. He said Kennedy lacked competence since he had never managed a large medical or science organization, and his priority was to impose his views on vaccines through his position rather than lower healthcare costs.
 
"I want a disruptor in the healthcare system in the one leading it,” said Welch. “I don't want a destroyer."
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