Pretty sure - the reason litigation is held in the US is that there is no statutory limit to maximum payouts - it's why all accident litigation is US based. It applies to pax, crew and every man and his dog.
Anyway, you answered your own question: '... sued the United States Government for alleged failure of the US Navy Air Traffic Controllers at McMurdo to warn Flt TE901'..it's legal jargonese but you get the point.
apportioning blame is part of the game or as Einstein said ' If the facts get in the way of a good theory, that's too bad for the facts'
That's me, I'm done with this pointless ping pong exchange, constantly recycling the same point isn't resolving the argument, a point substantiated by D Dingo et el