I cried all the way to the bank ....
That is what Liberace said about being picked on for his terrible style of performing. I am sure that the American lawyers working on this case will have to live with the shame of being called "ambulance-chasers" in somewhat the same way.
The thing is that in the case of Lubitz he had to take a ten-month break because of severe depression, so that his illness was well known to Lufthansa's school. Too, there was that problem getting him his FAA Student Pilot License, the one off the front of his FAA Form 8500, the medical form. I assume that the school passing him along as a fit candidate for work as an FO despite his illness will be the main issue, since the FAA can not be sued for having passed Lubitz as fit to train as a Student Pilot.
It's an impossible question to answer, but how would the FAA have reacted to the renewal of Lubitz' Third Class, and would they ever have agreed to him getting a First Class, given his medical history? As it was, he went through the American flight medical certification process just once, and at the lowest level possible.