Two New ACIP Members Under Scrutiny for Past Involvement in Merck Vaccine Cases

Health Secretary Robert F. Kennedy Jr.'s recent overhaul of the CDC's vaccine advisory panel has sparked controversy, with two newly appointed members facing scrutiny for their previous roles as paid expert witnesses in vaccine-related cases against pharmaceutical giant Merck.

Kennedy's ACIP Restructuring Raises Concerns

In a move aimed at "restoring public trust in vaccines," Kennedy replaced the entire Advisory Committee on Immunization Practices (ACIP) with eight new experts. However, this decision has drawn criticism from scientists and analysts, particularly due to the inclusion of individuals with a history of vaccine skepticism.

Kulldorff and Malone: Expert Witnesses in Merck Cases

Martin Kulldorff, a biostatistician and epidemiologist, and Robert Malone, a biochemist and early mRNA vaccine researcher, are among the new ACIP appointees facing scrutiny. Both have previously served as paid expert witnesses in high-profile cases against Merck:

• Kulldorff provided expert testimony against Merck in a case where plaintiffs claimed the company's HPV vaccine, Gardasil, caused cancer and that Merck had downplayed these risks. The case, which involved dozens of plaintiffs, was ruled in Merck's favor by a North Carolina court in March.

• Malone was paid to present a 2018 report for plaintiffs in a civil case against Merck regarding its mumps vaccine. The case was dismissed in 2023. Reports indicate that Malone charged $350 per hour for his services, though the total amount earned is unclear.

Implications for ACIP's Credibility and Future Decision-Making

The involvement of Kulldorff and Malone in these cases raises questions about potential conflicts of interest and their ability to provide unbiased recommendations as ACIP members. The CDC's guidelines require ACIP members to disclose any "potential or perceived conflicts of interest" and recuse themselves from discussions and voting on products with which they have a conflict.

Former ACIP member Paul Offit expressed concern about Malone's appointment, stating that he "has testified in front of Congress that the mRNA vaccines cause cancer and heart disease and autoimmune disease, even though it doesn't."

As the pharmaceutical industry and public health community grapple with these developments, the impact on vaccine policy and public trust remains to be seen.