actually this is a trite plot now, the real excitement comes from discovering new stuff- either good as is self-evident ("we figured out how to cure cancer") or even seemlingly or truely bad- even in the worst case that provenge doesn't work we liquidate and move on.
The lack of 483 disclosure was only an issue for those who bought prior to 5/9. The 75-million bond subscribers however are fully aware of there is problem with CMC. So why would the lawsuit have any effect on the current financing?
Nevertheless, the 483 thing explains why the company did not do a secondary prior to 5/9, can you imagine the outcry if that had been done?