I agree with the premise that rebreathers are inherently dangerous. The idea that you or your system makes one tiny mistake equals death by putting you to sleep is just too dangerous for my likes. Sure, you can die on OC, but if you watch your gas consumption and stay within rec limits you are fairly safe. I understand that almost all activities have an element of danger. However, one mistake from a rebreather can put you to sleep eternally. The real answer isn't banning rebreathers, but we need more innovation and more safety systems to ensure deaths don't happen due to simple errors by machines or humans.
As for the lawsuit, I say full speed ahead. If Dive Rite did nothing wrong then that will come out. However, if they suppressed information on a faulty design to keep making money then they deserve to be hammered. I know the general public hates lawsuits, but many times they are needed to punish offenders and they often result in sweeping safety changes industry wide that are beneficial to all.