Ann: Update on Going Concern Status, page-47

Good for you, and you obviously know your way around this stuff...but the vast majority of retail investors certainly do not and therefore rely on these published metrics.
And that metric is specifically designed to provide insight into the financial capabilities of the company moving forward and its ability to self fund its business. So it clearly is designed to inform investors.
In this case it is misinformation. Clearly by the nature of events not 3 weeks post its publication.
The company is liable because it knew the true nature of its financial position and allowed people to rely on what they read "17 quarters..".