Healthcare Analytics Company Trilliant Sues NuVasive for Data Contract Dispute

On Thursday, Trilliant Health, Inc. filed a complaint in the Middle District of Tennessee against NuVasive, Inc. for allegedly attempting to end Trilliant’s services without proper cause.

The complaint explained that on April 13, 2021, NuVasive contacted Trilliant in order to inquire about Trilliant’s data analytics platform that “allows customers to explore surgical claims data for procedures performed at facilities in defined geographical markets,” so that NuVasive could “target these surgeons [that provided specific spine procedures] and facilities as part of their efforts to sell surgical spine implants and related products.”

The next month, the complaint said, a Trilliant sales representative traveled to NuVasive’s headquarters to give a demonstration of their platform. According to the complaint, NuVasive’s representative asked for “exclusive access to Trilliant’s data analytics platform to the exclusion of NuVasive’s competitors” as well as two sample data sets before a decision was made, which was considered quite unusual by the plaintiff.

A month later, the two companies agreed to a five-year agreement giving NuVasive access to Trilliant’s platform and a one-year exclusivity agreement preventing access to NuVasive’s competitors. However, in December, NuVasive’s new representative allegedly asked to terminate the agreement “without NuVasive incurring a fee” after raising concerns about the volume of Trilliant’s data. The plaintiff noted that the quantity of data provided was never specified and therefore refused to terminate the agreement. Even so, NuVasive sent a termination notice to Trilliant claiming that the plaintiff breached their contract. As a result, Trilliant is suing for breach of contract as it is still in effect until June 2026 and they supposedly have provided exactly what was written in their agreement.

The plaintiff is seeking damages of at least $1,000,000 dollars, pre- and post-judgment interest, attorney’s fees and costs, and other relief.

Trilliant is represented by Bass, Berry & Sims PLC.