An appeals court is upholding a verdict from earlier this month when a San Diego jury found NuVasive and a local surgeon made false statements about the company's NeuroVision device last year, according to an NBC San Diego report.
Here are five quick things to know:
1. A patient brought the lawsuit against NuVasive and her surgeon, accusing them of intentional misrepresentation and negligence. A pamphlet given to the patient said the system provides "real-time, precise and reliable feedback to ensure your nerve safety" and states the system has been used in more than 60,000 successful spinal surgeries.
2. The ruling said NuVasive knew the device couldn't "guarantee nerve safety" and was aware of reports the device had a failed.
3. There was a financial relationship between the surgeon and NuVasive.
4. The surgeon and the surgeon's employer, Regents of the University of California, settled with the patient for $1.75 million before the case went to trial.
5. NuVasive maintains the company did not conspire to misrepresent the product's efficacy and there weren't legal claims at trial that the company's products or equipment "failed to operate as planned."