Class action lawsuit filed against erectile dysfunction clinic

WSVN — 7News has learned a class action lawsuit has been filed against the Men’s Medical Clinic. It specializes in treating erectile dysfunction at more than a dozen clinics nationwide. Investigative reporter Carmel Cafiero is on the Case.

Dr. Kevin Hornsby: “Welcome. I’m Dr. Kevin Hornsby.”

According to his website, Dr. Kevin Hornsby is the founder and medical director of the Men’s Medical Clinic. The clinic lists locations in 11 states, including four here in Florida. All offer treatment for erectile dysfunction.

Dr. Kevin Hornsby: “We do treat men into their mid-nineties.”

But now Dr. Hornsby is being sued. Fort Lauderdale attorney Tony Marino has filed a class action lawsuit against Dr. Hornsby, the clinic and others.

Tony Marino: “For basically unfair and deceptive trade practice — fraud, misrepresentation — among other grounds. For charging elderly Medicare patients, who can afford it the least, exorbitant fees.”

According to the lawsuit, “…defendants have completely failed to comply with the Medicare guidelines, and have unfairly and deceptively billed elderly Medicare patients extraordinary sums of money, contrary to Medicare guidelines.”

Marino says his client does not want to be identified.

Tony Marino: “The class member in our case was charged over $5,000 for something that Medicare would pay $150 to $200 for and a private physician might pay $200 for.”

Rev. James Pasley is not part of the lawsuit at this time, but he says he was a patient at the Men’s Medical Clinic in Fort Lauderdale and thinks he was overcharged.

Carmel Cafiero: “Was there a lot of pressure?”

Rev. James Pasley: “Oh, God yes. The salesman comes in, cause at first I had done made up my mind, I’ll be honest with you, I had made up my mind I’m not spending over $400 dollars.”

However, he ended up agreeing to pay more than $4,000 for equipment and medicine to inject himself.

But questions about fees are not the only issues facing Dr. Hornsby and his clinics. The Florida Department of Health took action against Dr. Hornsby in June after accusing him of medical malpractice for prescribing testosterone for a patient without lab tests. He agreed to a fine of $20,000 and was permanently prohibited from prescribing testosterone.

So far, neither the clinic nor the doctor have issued any responses in court to the allegations in the lawsuit.

Tony Marino: “The medication they use is similar to all the other medications that doctors use for this type of treatment. We’re talking about erectile dysfunction.”

Carmel Cafiero: “We have tried repeatedly to contact Dr. Hornsby for a response to all this, but our calls and e-mails generated no response. Carmel Cafiero, 7News.”

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