With a full Senate vote on Robert F. Kennedy Jr.’s nomination for secretary of Health and Human Services fast approaching, lawmakers must review his background fully. That will help them better understand the implications of confirming him to the post.
Among the more troubling of RFK Jr.’s past activities that must be studied is his lengthy career as a mass tort litigation attorney for multiple firms that initiated frivolous, rent-seeking lawsuits against American companies.
While Kennedy’s positions surrounding vaccines and healthy foods dominate public discourse, his lucrative ties to personal-injury trial firms have largely escaped scrutiny. These reveal a troubling intersection of private legal entanglements and public service obligations.
RFK Jr.’s financial disclosures underscore the depth of his personal connection to mega-trial firms. In June 2023, Kennedy reported more than $5.48 million in earnings from his partner role at Kennedy & Madonna. This trial firm gained recognition for litigation against such corporations as Southern California Gas, Ford, and chemical manufacturers, including 3M and DuPont.
Kennedy & Madonna has garnered attention for representing 90 public entities in Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS)–related lawsuits. RFK Jr.’s representation of these entities raises significant questions about his ability to serve as an impartial arbiter at HHS.
HHS is the umbrella agency overseeing the Food and Drug Administration, the Centers for Disease Control and Prevention, and the Agency for Toxic Substances and Disease Registry. Those entities’ regulatory decisions significantly influence trial attorneys’ strategies when advising clients about filing lawsuits against corporations.
New rules on environmental contaminants, pharmaceutical products or consumer goods could unintentionally — or intentionally — expose manufacturers to increased legal liabilities. Such changes would open the door for trial lawyers eager to capitalize on the regulatory shifts. As CEO of Consumer Attorney Marketing Group, Steve Nober noted to Bloomberg Law, “There are more opportunities for trial lawyers and those involved in mass tort to be more bullish on the next four years.”
The downstream effect of increased mass lawsuits extends beyond corporate defendants. The annual cost of excessive torts nationwide is staggering. Frivolous litigation resulted in a direct loss of $367.8 billion to the U.S. economy in 2024. This translated into a hidden “tort tax” of $1,666 per consumer.
The economic consequences of expanding liability for businesses run directly counter to the majority of Donald Trump’s campaign platform, which promises to protect businesses and foster economic expansion. An HHS led by RFK Jr. risks compounding the ills of the economic status quo, with typical Americans ultimately bearing the financial burden.
Although his current bubble of popularity has come from his recent positions, RFK Jr. has a long career in which he has made his views on many subjects crystal clear. It would be foolish to disregard that record. Until recently, many — especially among Republicans — considered his preferred tactics of activist litigation unsavory. That should be remembered as he is considered as regulator-in-chief of one of the most powerful and economically significant agencies in Washington.
As the Senate weighs Kennedy’s confirmation, it must consider the broader implications of his deep-seated ties to trial firms. His potential leadership at HHS could open the door to a flood of litigation that enriches the trial bar and disincentivizes economic development, all while imposing substantial costs on the broader American economy.