"The Son of Man will go just as it is written about him. But woe to that man who betrays the Son of Man! It would be better for him if he had not been born."
Mark 14:21 (NIV)
Yes, factoring in the infinity of the afterlife; it is likely that many would have been better off to not have been born. However, to be thus tested, you have to first be born.
It’s more than likely that those, who are filing those lawsuits, have no belief in an afterlife. Ironically, they may yet discover that it is they, who would have been better off to not have been born.