This falls into the same category as the lawsuit in NH from a woman whose daughter was killed while driving a Ford Escort. The daughter was killed in a high speed accident in which she ran into a tree. This was prior to airbags being federally mandated, but ford offered them in the Taurus, Corwn Vic, etc. (BTW, the daughter was not wearing a seatbelt either). The mother sued Ford for "Economic discrimination" (her daughter couldn't afford a taurus, etc, so ford was practicing economic discrimination). The lawsuit was eventually thrown out of court, but only after years of trials and appeals.

As far as who is more resposible for the lawsuit, chances are the lawyer, for without the lawyer the suit would not have been filed.