There are times at which business practices are so egregious and injure so many residents that states themselves file suit against corporations for causing harm within their borders. While it did not occur here in Ohio, a recent lawsuit could certainly impact Ohio residents, because the defendant is one of America's largest manufacturers of health products.

The latest example of state-pharmaceutical company drug litigation is the suit that Texas has joined against Johnson & Johnson (J&J) regarding its drug Risperdal.

The suit alleges that J&J illegally marketed Risperdal for unapproved uses and misled regulators and physicians about the medication's risks. Of particular concern is the allegation that J&J insisted that use of the drug would not cause diabetes while withholding multiple studies which confirmed the link.

Texas insists that J&J has known about the link for more than a dozen years and failed to produce this knowledge when the Food and Drug Administration began investigating the link. J&J was also apparently aware for years that use of the drug for more than a year doubles an individual's risk of developing diabetes.

Not only was J&J aware of the link, but allegedly marketed Risperdal as the best choice for patients because its use would not lead to development of diabetes. Due to these fraudulent marketing practices, Texas is asking that J&J be required to pay a minimum of $579 million in general damages.

J&J has already been fined more than $325 million for its fraudulent marketing practices in South Carolina. However, the drug remains on the market. Stronger warnings were added to its label nearly ten years ago, but those patients in Ohio and around the country who continue to take Risperdal remain at risk.

Source: Bloomberg, "J&J Hid 3 Risperdal Diabetes Studies from FDA, Texas Jury Told," Jef Feeley, Margaret Cronin Fisk and David Voreacos, Jan. 18, 2012