What needs to fail here is the instruction doing insanely slow MMIO. That's not going to be too hard to debug; none of the examples of suitably slow instructions are anywhere close to reasonable, and a fault on a vmovdqu in MMIO address space is a big red flag.
And this attack requires enough ridiculous behavior from coordinating software beyond just the single super-slow instruction that it's hard to imagine any reasonable workload being affected if this case starts causing a fault.