We don't know what the widow is asking for in the lawsuit. Reading the full article, she seems pretty sincere in wanting to get information about this particular problem out to the public.
Obviously pre-existing medical factors pay a huge role in whether someone is likely to experience ROPE, but that's all the more reason to let people know about it. I don't see any reason to disbelieve her statement that they would have waited a couple of days before snorkeling if they had known there was a heightened danger especially given how many of the risk factors likely applied to them (looking at the picture) such as obesity, age, high blood pressure and known cardiac issues.
They should also flat out ban full face snorkel masks as inherently unsafe. This is from the Hawaii Snorkel Safety Study referred to above.
"Full Face Masks
The Study tested only four full-face masks. Within this limited scope of examination, full-face masks pose no inherent advantage or disadvantage in terms of resistance to inhalation compared to other devices. However, based on evaluation of design and first-hand accounts, there are several adverse features of full-face masks including:
• Cannot be removed easily in urgent situations even with quick release features
• Cannot “spit out” mouthpiece in urgent situations
• Cannot clear water from tube with sharp expiratory force maneuver
• Cannot dive beneath the surface safely
• Valve malfunction may lead to serious aspiration consequences"
If someone is unable to use a standard mask and snorkel, strapping them into a full face snorkel mask is an extremely bad idea. The safer alternative is simply using the mask without any snorkel.