First of all, if this bug is in there, it is simply inexcusable. It's not as if this would be the 1st time this had happened.
Secondly, what, if anything, would EA be able to do for the console games? Recall them all? I doubt that would ever happen.
Third, I don't know that I could ever "feel sorry" for EA, or any other large corporation.
NFL 2K4 had this same problem. Deion Sanders and Michael Irvin, who had already been retired, as well as a number of fictional characters (there was some 450 pound Sumo wrestler who showed up) were unlocked automatically based on achievements. They would then be entered into the Free Agent list, and teams could sign them.