That is an excellent question. To be honest, even if there were a lawsuit, the act provides immunity that protects the government if the documents are disclosed inadvertently or in error. The only way of making the federal administration accountable would be to clearly demonstrate bad faith. Bad faith is very difficult to demonstrate, nearly impossible, from a legal standpoint. It is an uphill battle.
You are quite right. Immunity should perhaps be reduced or, at the very least, a mechanism should be implemented to compensate aggrieved companies. They have often invested millions and millions of dollars in research to obtain certain information. Very often, companies can invest in research for years without any results. When they are successful, when a medication is produced, it is essential that these companies see a return on their investments.
The issue of immunity is too often ignored. I would suggest an improvement in this regard, an amendment to provide for some kind of process, not only in cases of bad faith, but also in cases of information being disclosed in error.