It is a strawman issue that has been profitable for HCO people and trump supporting politico groups, though of questionable value to fight Covid-19. Some dufus is planning a class action lawsuit, hoping to score, but is unlikely to make it worthwhile, as the "who gives a damn about HCO" people will just cheat and use science, knowing the court usually goes with the science. With proper support, it might be profitable to the lawyer that files it for a while, as lawyer often profit no matter which side of an issue they are on, just more grist for the legal mill. It is the American way, like it or not.