8-K

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

Form 8-K

Current Report
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

Date of Report (Date of earliest event reported): September 2, 2009

NUVASIVE, INC.

(Exact name of registrant as specified in its charter)

Delaware	000-50744	33-0768598
(State or Other Jurisdiction of Incorporation)	(Commission File Number)	(I.R.S. Employer Identification Number)

7475 Lusk Boulevard, San Diego, California 92121
(Address of principal executive offices, with zip code)

(858) 909-1800
(Registrant’s telephone number, including area code)

n/a
(Former name or former address, if changed since last report)

     Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

TABLE OF CONTENTS

EX-99.1

Item 5.02 Departure of Directors or Certain Officers; Compensatory Arrangements with Certain Officers

On September 2, 2009, Kevin C. O’Boyle, the Company’s Chief Financial Officer and Executive Vice President, notified NuVasive, Inc. (the “Company”) that he is resigning from his position with the Company so that he is able to attend to personal and family obligations. Mr. O’Boyle will continue to serve in his role as Chief Financial Officer and Executive Vice President until December 31, 2009, or potentially longer, to assist the Company in the recruitment of his replacement and effect an orderly transition.

In connection with his departure, Mr. O’Boyle has entered into a severance agreement that will provide him with healthcare benefits for 18 months after departing the Company and a severance payment of $565,000.

The press release announcing Mr. O’Boyle’s resignation is attached hereto as Exhibit 99.1.

Item 9.01 Financial Statements and Exhibits

(d) Exhibits

Exhibit 99.1 Press release issued by the Company on September 2, 2009.

-2-

SIGNATURES

     Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

	NUVASIVE, INC.
Date: September 3, 2009	By:	/s/ Alexis V. Lukianov
		Alexis V. Lukianov
		Chairman and Chief Executive Officer

-3-

EXHIBIT INDEX

Exhibit
Number	Description of Document
99.1	Press release issued by the Company on September 2, 2009.

-4-

EX-99.1

Exhibit 99.1

PRESS RELEASE

Contact:	Investors:
Kevin C. O’Boyle	Patrick F. Williams
EVP & Chief Financial Officer	Vice President, Finance
NuVasive, Inc.	NuVasive, Inc.
858-909-1998	858-638-5511
investorrelations@nuvasive.com	investorrelations@nuvasive.com
Media:
Jason Rando
The Ruth Group
646-536-7025
jrando@theruthgroup.com

NuVasive Announces Upcoming Departure of Chief Financial Officer

SAN DIEGO, September 2, 2009 - NuVasive, Inc. (Nasdaq: NUVA), a medical device company focused on developing products for minimally disruptive surgical treatments for the spine, announced today that Kevin O’Boyle, Executive Vice President & Chief Financial Officer, has informed NuVasive of his resignation from his position so that he is able to attend to personal and family obligations. The Company is currently engaged in a search for a new Chief Financial Officer. Mr. O’Boyle plans to remain with the Company until December 31, 2009, or potentially longer, to assist in the recruitment of his replacement and to effect an orderly transition.

“I have thoroughly enjoyed serving as part of the management team of NuVasive, helping to build the Company into a major player in the spine industry with a unique culture of Absolute Responsiveness,” Mr. O’Boyle said. “Unfortunately, personal obligations make a long term position as CFO of NuVasive extremely difficult to maintain. I would like to thank all NuVasive shareowners for making my time at NuVasive a remarkable one.”

Alex Lukianov, Chairman and Chief Executive Officer, said, “Kevin has been part of our executive team for the past 6 years, from fundraising as a private company, to our initial public offering, to helping build our corporate infrastructure for long term growth and continued market share gains. We thank him for his contributions to the Company and wish him well as he attends to important family and personal matters.

Mr. Lukianov continued, “Our financial and business condition is vibrant and healthy as we continue to expand our presence in the market. We have begun the comprehensive search process to identify a new CFO and will be conducting a thorough review to identify the best possible leader to help take us to $1 billion in sales and beyond in concert with expanding profitability and an outstanding financial infrastructure.”

About NuVasive

NuVasive is a medical device company focused on the design, development and marketing of products for the surgical treatment of spine disorders. The Company’s product portfolio is focused on applications in the over $4.6 billion U.S. spine fusion market. The Company’s current principal product offering includes a minimally disruptive surgical platform called Maximum Access Surgery, or MAS^®, as well as a growing offering of cervical and motion preservation products.

The MAS platform offers advantages for both patients and surgeons such as reduced surgery and hospitalization time and faster recovery. MAS combines three categories of current product offerings: NeuroVision^® a proprietary software-driven nerve avoidance system; MaXcess^® a unique split-blade design retraction system; and specialized implants, like SpheRx^® and CoRoent^®, that collectively minimize soft tissue disruption during spine surgery while allowing maximum visualization and surgical reproducibility. NuVasive’s product offering is also focused on cervical internal fixation products and its R&D pipeline emphasizes both MAS and motion preservation. NuVasive’s Biologic product portfolio includes FormaGraft^®, Osteocel^® Plus, and the Progentix products, all of which are intended to facilitate fusion and complement the core fixation products.

NuVasive cautions you that statements included in this press release that are not a description of historical facts are forward-looking statements that involve risks, uncertainties, assumptions and other factors which, if they do not materialize or prove correct, could cause NuVasive’s results to differ materially from historical results or those expressed or implied by such forward-looking statements. The potential risks and uncertainties that could cause actual growth and results to differ materially include, but are not limited to: the uncertain process of seeking regulatory approval or clearance for NuVasive’s products or devices, including risks that such process could be significantly delayed; the possibility that the FDA may require significant changes to NuVasive’s products or clinical studies; the risk that products may not perform as intended and may therefore not achieve commercial success; the risk that competitors may develop superior products or may have a greater market position enabling more successful commercialization; the risk that additional clinical data may call into question the benefits of NuVasive’s products to patients, hospitals and surgeons; and other risks and uncertainties more fully described in NuVasive’s press releases and periodic filings with the Securities and Exchange Commission. NuVasive’s public filings with the Securities and Exchange Commission are available at www.sec.gov. NuVasive assumes no obligation to update any forward-looking statement to reflect events or circumstances arising after the date on which it was made.

###