Mich. Federal Court Dismisses Hip Implant Suit Without Prejudice for Failure to Prosecute

DETROIT –– A Michigan federal court has dismissed a hip implant suit without prejudice, opining that while the defendants have made “diligent efforts” to move the case forward, the plaintiff no longer has counsel who intends to pursue the litigation on his behalf.

In the May 19 order, the U.S. District Court for the Eastern District of Michigan dismissed the complaint without prejudice, saying that if the plaintiff does find representation that wishes to pursue the action, he or she will have the opportunity to re-file the action.

Plaintiff David C. Hottman filed his complaint against the Zimmer defendants, contending …