Markey, Warren, Blumenthal, Alsobrooks Press RFK Jr. on “Dangerous Backdoor Overhaul” of Vaccine Court That Could Potentially Enrich Allies, Harm Public Health

Letter Text (PDF)

Washington (January 28, 2026) - Senators Edward J. Markey (D-Mass.), Elizabeth Warren (D-Mass.), Richard Blumenthal (D-Conn.), and Angela Alsobrooks (D-Md.) today pressed Department of Health and Human Services (HHS) Secretary Robert F. Kennedy, Jr. (RFK Jr.) on his proposed overhaul of the Vaccine Injury Compensation Program (VICP), which could threaten the domestic vaccine supply, undermine public health, and potentially enrich Secretary Kennedy's family and close allies. The lawmakers also sent the letter to Attorney General Pam Bondi, given the Department of Justice's central role in defending the government from false injury claims.

VICP compensates patients in the rare event of a vaccine injury while ensuring the availability of the country's vaccine supplies. RFK Jr.'s numerous entanglements with the anti-vaccine litigation industry raise concerns about potential conflicts of interest, which may allow the Secretary's family and former colleagues to financially benefit from any proposed changes to the VICP.

In July, Secretary Kennedy announced that he was working with the Department of Justice and AG Bondi to "fix" the vaccine court. This month, Secretary Kennedy fired at least half of the expert members of the Advisory Commission on Childhood Vaccines (ACCV), which makes recommendations to inform the VICP - shortly after he unilaterally overhauled the childhood vaccine schedule. Further VICP changes reportedly under consideration, including making certain medical injuries with no ties to vaccines compensable, would likely precipitate vaccine shortages, endanger public health, and could enrich Secretary Kennedy's immediate family and close allies.

"You appear to be undertaking a dangerous backroom overhaul of the vaccine courts that is hidden from public scrutiny and raises significant conflict of interest concerns," wrote the lawmakers.

The potential reforms present a host of conflict of interest concerns given Secretary Kennedy's close ties to the anti-vaccine litigation industry. Secretary Kennedy, his family, and Wisner Baum - the law firm he previously worked with - have made millions by referring and representing claimants before VICP. Secretary Kennedy has refused to recuse himself from VICP-related work, even as Wisner Baum currently seeks awards from the federal government in VICP in more than a dozen lawsuits - meaning Secretary Kennedy's former associates could have cases before the vaccine compensation program he now oversees.

While Secretary Kennedy turned over his stake in the Wisner Baum-Gardasil case in civil court to his son after pressure from Senator Warren, Wisner Baum continues to seek damages for the HPV vaccine before VICP, raising questions about how the firm and Kennedy's family could potentially profit from reported changes.

"The direct financial stake your family and Wisner Baum may have in pending vaccine litigation casts a cloud over any changes you may make to VICP," wrote the lawmakers.

In June, Kennedy appointed longtime ally and vaccine court litigator Drew Downing to make changes to VICP. Downing, who had at least 60 cases pending in VICP prior to his appointment at HHS, has advocated adding debunked vaccine harms to the vaccine injury table that governs which claims are eligible for compensation. Experts warn that this change, among others, could create a surge in vaccine injury litigation, potentially bankrupt VICP, and funnel vaccine injury cases to civil court - to the benefit of Kennedy's anti-vaccine lawyer allies. This potentially includes Aaron Siri, Kennedy's close ally and campaign advisor, whose firm, Siri Glimstad, had more than 100 cases pending before VICP in 2025.

"[A]ny process to reform [VICP] must be public, transparent, and free of potential conflicts of interest," wrote the senators. "Under your leadership, HHS appears to be doing the opposite."

The lawmakers posed a series of questions to seek more information about the changes to VICP under consideration and requested a response by February 10, 2026.

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