Chuks : Oh yes , your point about the State breaking its own laws when it suit itself is very valid, the argument of course is it was for " the good cause "( here catching tax evasion to get some money back into the treasury.)
But the lone MD will receive a different treatment. If I read the French Judiciary report correctly, Mr Lubitz went to 41 different MDs , most did not know his real employment but some did . One wrote " Pilot with G. " on its records , and one in particular knew him very well : his Psychiatrist in his home town, following him since years and with whom he corresponded by e-mail until hours prior his act.
But whether any of those MD knew he would be still flying after their consultations is another mater.
Most of theses MD had issued work stoppage prescriptions ( yellow papers) most of them were found back unused in his apartment apparently. So those MDs will argue they did " their job"
The huge issue is that following an MD advice is still a voluntary issue, and an MD informing one's employer behind the back of the patient is (still) an illegal act in Germany. That I think need to be changed for some professions , not only pilots, but defining that list will also be a challenge.
The last issue is that some illnesses , especially mental ones are immediately disqualifying you from flying duties and imply a loss of licence. In addition almost all , if not all, Pilots Loss of licence insurance still excludes mental illnesses , so hiding it as long as you can is not going to go away, and if now MDs are forced to mention it to your employer , affected people are likely not to go to see or talk to MDs anymore, making perhaps the problem worse..
That said if it had been your kids ( lot of those in that aircraft) in that A320 you would probably try anything in your power to do something about this . If a US lawyer promised you a way , who can say you would not have done the same ?