“I chose to pursue a new opportunity at Alphatec because I want to align my talents and influence with a company that is focused on serving spine surgeons and their patients,” Miles said in a statement released by Alphatec. “The allegations made by NuVasive against me are clearly false and typical of a management team reacting to mass departures of key, spine-experienced executives. I intend, ultimately, to clear my name. In the meantime, I will not be distracted by baseless claims, and will drive Alphatec’s pursuit of improved surgical outcomes.”

Alphatec backed Miles up, saying that the clause against working with competitors in Miles' contract with NuVasive is unlawful.


"The Alphatec Complaint states that the non-compete restrictions NuVasive placed in its agreement with Mr. Miles are illegal and void against California residents and employees," Craig Hunsaker, EVP and general counsel for Alphatec, told HCB News. "This has been fundamental policy in California for close to 200 years, where employees are allowed to move freely and compete in the workplace. NuVasive is well aware of the policy. In fact, the company is using the policy advantageously in court against Globus Medical, a competitor, in a case it filed only 9 days prior to Mr. Miles' resignation."

NuVasive, under the legal representation of DLA Piper, will continue to investigate the situation and is inclined to file additional claims if warranted.

NuVasive, DLA Piper and Miles declined to comment for this story.

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