Merck vaccine trial delayed as RFK Jr. link creates jury concern
- Share via
Merck & Co.’s first trial over the safety of its blockbuster Gardasil cancer vaccine was cut short and rescheduled amid concerns that jurors might be influenced by controversy this month around Robert F. Kennedy Jr.’s confirmation as President Trump’s health secretary.
Mark Lanier, a lawyer for the plaintiff in the case, said Tuesday that Merck agreed to halting the trial in state court in Los Angeles about three weeks after it started because his team feared that extensive publicity around Kennedy’s Senate confirmation hearings may taint the jury. Kennedy, a longtime plaintiffs’ lawyer, has collected fees over the years for referring potential vaccine victims to one of the law firms spearheading the Gardasil litigation.
“RFK Jr.’s nomination and his views about vaccines were all over the news and we just thought it would make sense to push the trial back until it died down,” Lanier said. “Both sides wanted to make sure we had a fair trial.”
The man who hopes to be President Trump’s Health secretary says he needs to see data showing vaccines are safe, but dismissed evidence shown by a Republican senator.
Lanier said there was no evidence jurors disobeyed the judge’s instructions not to read or view reports tied to Kennedy’s confirmation as head of the U.S. Health and Human Services Administration.
Merck said it’s pleased that a judge agreed to reset the trial for September with a new jury. In a statement, the company said it “would provide no financial or other consideration in exchange for the agreement to adjourn.” A spokesperson declined to comment further.
As health secretary, Kennedy will have the power to influence immunization policies and approvals. During his mid-February confirmation hearing, Kennedy faced sharp questioning about his fitness for the position, including his record of criticizing vaccines. Democratic lawmakers also raised concerns that his family stands to benefit from ongoing vaccine litigation, including the mass litigation against Merck over its Gardasil shot.
Gardasil is marketed to prevent human papillomavirus, which researchers have tied to cervical and other cancers. It generated more than $8 billion in sales for Merck in 2023.
In the trial that started at the end of last month, Merck was accused of wrongfully promoting the vaccine as safe by patient Jennifer Robi, who claims it caused a heart ailment that left her confined to a wheelchair. The company denies it mishandled Gardasil’s marketing and says it properly outlined the vaccine’s potential side effects on its safety label.
The Senate on Thursday confirmed vaccine skeptic Robert F. Kennedy Jr. as secretary of Health and Human Services in the Trump administration.
As head of the Department of Health and Human Services, Kennedy will oversee the National Vaccine Injury Compensation Program, set up in 1988 to compensate people injured by childhood vaccines. Since its inception, the program has paid out almost $5.3 billion to victims, according to the government. Robi’s case was rejected by the program’s in-house court.
Kennedy disclosed he had referred hundreds of cases to Wisner Baum, a personal injury law firm in Los Angeles that is spearheading the Gardasil litigation. According to his federal ethics disclosure, he was poised to receive 10% of the fees awarded in contingency cases. He has pledged to reassign his financial claims to his son, a lawyer at Wisner Baum. The Senate voted Thursday to confirm him as health secretary.
Feeley writes for Bloomberg.
Inside the business of entertainment
The Wide Shot brings you news, analysis and insights on everything from streaming wars to production — and what it all means for the future.
You may occasionally receive promotional content from the Los Angeles Times.
