im sure that any reasonably charismatic software engineer could scare the shit out of a judge/jury based on code analysis ... perusing the linked nasa document, recurrence odds of this particular failure mode do seem significantly greater than the odds of a cosmic bit flip ...
> Studies by IBM in the 1990s suggest that computers typically experience about one cosmic-ray-induced error per 256 megabytes of RAM per month.
https://www.scientificamerican.com/article/solar-storms-fast...
Just to give perspective on the bit flip probability. ECC ftw!