If a product is known to possibly cause financial harm to its customers, can it still be sold??? Gov can be immuned from lawsuits or liabilities if the damage was unseen during implementation. Courts provide gov immunity to prevent gov from freezing up her decision making due to fear of lawsuits. However this immunity from liability is diminished if the defect is identified and the gov still proceeds. If Obama insists on carrying out ACA with a known security defect in its website, the gov is liable for any damages afterwards.
It would be interesting for an enterprising lawyer to test the merits of a case where it can be proven that the product was not safe. Think of the auto manufacturer lawsuits, ala Nader?
Or, a HIPAA violation lawsuit for not protection information?
here ya go...a year of free credit monitoring service. move along sersf.