It cited another case as representative of the real issue, which wasn't.
It's fairly obvious that (b) is concerning, and also fairly obvious that it takes an actual suit to put a price tag on this problem. That's why the MJ case was presented.
But all of this is obvious and explained in the comments above, so this is getting very pedantic, and I don't see a) what point you're trying to make, or b) how that point is at all relevant to the overall thesis of the root comment.