For Immediate Release - August 22, 2016

Two Companies Ordered to Pay $17 Million for Deceptively Marketing Erectile Dysfunction Treatments at Unlicensed Medical Clinic in Framingham

BOSTON – Two Florida companies have been ordered to pay $17 million for deceptively marketing and billing for medications and services relating to the treatment of erectile dysfunction at an unlicensed medical clinic in Framingham, Attorney General Maura Healey announced today. The judgment orders restitution to consumers and preventive measures to ensure future compliance with the law.       

“Patients entrust medical providers with their health and well-being, and all patients deserve access to honest and proper care,” AG Healey said. “Medical providers cannot mislead Massachusetts consumers about their services and medications. Our office will continue to pursue those who prey on vulnerable patients who are simply seeking medical care.”

The judgment, ordered by the Suffolk Superior Court, permanently prohibits Florida Men’s Medical Clinic, LLC (FMMC) and Men’s Medical Clinic, LLC (MMC) from operating unlicensed medical clinics in Massachusetts or deceptively marketing any medication or medical service relating to the treatment of erectile dysfunction in the state. 

Under the judgment, the two companies are also ordered to pay, between them, in excess of $17 million, with $6.3 million for restitution to Massachusetts consumers and the remainder in payments to the Commonwealth, including civil penalties. The companies have represented that they have ceased operations, and recovery of the amounts they are ordered to pay is uncertain. 

According to the complaint filed in July 2015 in Suffolk Superior Court, the defendants, FMMC, MMC, Kevin Hornsby, MD and Heidi Hornsby, were responsible for the deceptive marketing of medications and services relating to the treatment of erectile dysfunction at an unlicensed medical clinic in Framingham that went by the names Massachusetts Men’s Medical Clinic, Massachusetts Men’s Medical and Men’s Medical Clinic.

The defendants allegedly used various deceptive practices in widespread TV, print and radio advertising to market the erectile dysfunction services and treatments sold at their Framingham facility. According to the complaint, more than 4,000 consumers went to the unlicensed facility for care.

The AG’s Office’s lawsuit against Dr. Hornsby and Ms. Hornsby is ongoing. 

The litigation is being handled by Assistant Attorney General Emiliano Mazlen with assistance from Division Chief Karen Tseng and Legal Analyst Kathryn Doty of AG Healey’s Health Care Division and Kevin McCarthy and Anthony Crespi of AG Healey’s Civil Investigations Division.

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