NuVasive wins $1.6M after former employee breaches contract

Spinal Tech

A judge with the U.S. District Court of the District of Massachusetts awarded NuVasive $1.6 million in damages after finding a former employee of the devicemaker breached his noncompete and nonsolicitation clauses, Mondaq reported March 31.

Four things to know:

1. Timothy Day was hired as a sales representative in 2011 for an exclusive distributor of NuVasive's products. He was transferred as an independent distributor to Rival Medical in January 2019.

2. Mr. Day entered a 12-month, post-employment noncompete and nonsolicitation contract with NuVasive. The agreement required him to not work at any of NuVasive's competitors and refrain from soliciting customers he worked with previously, the report said.

3. In April 2019, Mr. Day left Rival and NuVasive to join Alphatec. There, he encouraged NuVasive customers to work with Alphatec. He encouraged three Boston-area surgeons to switch from using NuVasive to Alphatec products.

4. The District of Massachusetts found Mr. Day violated his clauses while employed at Alphatec. He was also found engaging in spoliation, deleting text messages from before he left NuVasive through July 2019, the report said.

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