Couple Ordered to Pay $13.5 Million for Deceptive Marketing of Treatments at Unlicensed Medical Clinic in Framingham
Defendants Permanently Barred from Operating Unlicensed Medical Clinics in Massachusetts
BOSTON – Two individuals have been ordered to pay $13.5 million for the deceptive marketing of 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 also orders preventive measures to ensure future compliance with the law.
Pursuant to the Suffolk Superior Court judgment, Kevin Hornsby, M.D., was ordered to pay $11 million in civil penalties and his wife, Heidi Hornsby, was ordered to pay $2.5 million. The judgment also permanently prohibits these defendants 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.
According to the AG’s complaint filed in Suffolk Superior Court in July 2015, the defendants, Florida Men’s Medical Clinic, LLC (FMMC), Men’s Medical Clinic, LLC (MMC), Kevin Hornsby, MD and Heidi Hornsby, were responsible for the deceptivemarketing 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 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.
Kevin and Heidi Hornsby have filed for bankruptcy, although this judgment is not dischargeable through those proceedings. The AG’s Office’s obtained a separate and final judgment against FMMC and MMC in August 2016.
The litigation is being handled by Assistant Attorney General Emiliano Mazlen with assistance from Division Chief Karen Tseng and Deputy Division Chief Eric Gold of AG Healey’s Health Care Division and Kevin McCarthy and Anthony Crespi of AG Healey’s Civil Investigations Division.