Here's a concrete, hour-by-hour action plan prioritizing patient safety, legal compliance, and long-term stakeholder trust, while managing immediate financial and reputational risks:
Core Principle: Patient safety and regulatory compliance are non-negotiable. Delay creates catastrophic legal, ethical, and reputational risk. Transparency, while painful immediately, is the only sustainable path.
Key Rationale:
- Patient Safety: 1 in 8,000 is rare but significant for a life-threatening condition like liver failure impacting 4M users (~500 potential cases). Undisclosed risk is unethical and exposes patients to preventable harm.
- Legal Liability: Suppressing known safety data constitutes fraud, gross negligence, and violates FDA/EU regulations (e.g., FDAAA, EU PV Dir). This invites massive class actions, DOJ investigations, individual criminal liability (for executives), and punitive damages far exceeding stock drop costs.
- Regulatory Relationship: Hiding data destroys trust. Proactive, timely reporting (even if imperfect) demonstrates responsibility and may mitigate sanctions. Delay guarantees severe regulatory wrath (fines, consent decree, withdrawal).
- Ethics: Core corporate integrity demands disclosure. Cover-up attempts poison company culture.
- Financial: While a 40% stock drop is severe, it's survivable. Bankruptcy from lawsuits/regulatory fines resulting from a cover-up is not. Responsible disclosure allows for eventual recovery.
- PR: Controlling the narrative now with empathy for patients is crucial. A leak or delayed revelation causes exponentially worse PR damage.
- Employee Morale: Employees want pride in their company. Cover-up attempts breed cynicism and fear; decisive ethical action fosters resilience.
Hour-by-Hour Action Plan:
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Hour 0 (Now - Discovery Confirmed):
- Action: Immediately convene a physical/virtual "War Room" with critical personnel ONLY: CEO (You), Chief Medical Officer (CMO), Chief Legal Officer (CLO), Head of Regulatory Affairs (RA), Head of Communications (PR), CFO. Swear all to absolute confidentiality.
- Reasoning: Need tight control, immediate coordination, prevent leaks. Core expertise required for initial assessment.
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Hour 1-4: Initial Assessment & Lockdown
- Action:
- CMO: Confirm data analysis methodology, validity, clinical significance (severity, onset, risk factors). Gather all available case reports/supporting data. Estimate potential patient impact timeline.
- CLO: Confirm legal reporting obligations (FDA, EMA, other key markets) and deadlines (e.g., FDA 15-day for serious/unlisted). Outline worst-case liability scenarios for disclosure delay vs. immediate action.
- RA: Map exact regulatory reporting pathways/timelines for each jurisdiction. Identify potential for expedited pathways.
- PR: Initiate crisis comms protocol. Draft internal/external holding statements. Begin media monitoring 24/7.
- CFO: Model financial impacts: Stock drop scenarios, potential litigation reserves, impact on debt covenants, cash flow projections under stress.
- Reasoning: Establish undeniable facts, understand legal/regulatory imperatives, prepare comms baseline, assess financial vulnerability.
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Hour 4-6: Data Deep Dive & External Counsel
- Action:
- CMO/CLO: Present consolidated medical/legal assessment to CEO. Confirm consensus: Risk is real, significant, unreported.
- CEO/CLO: Brief external specialized securities AND product liability counsel via secure line. Get independent legal opinion on disclosure obligations to regulators and investors (SEC 8-K implications).
- CEO: Make preliminary, irrevocable decision: Full disclosure path is mandatory. Inform core team.
- Reasoning: Validate internal findings externally. Secure binding legal advice. Set the ethical/strategic course decisively.
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**Hour 6-12