With the hole they dug themselves, they can't fix anything.
Here's the issue - They have already said that NO legitimate Gateway users would be affected.
But as anyone who has ever programmed stuff knows, a program sometimes does odd things. It can fail, and you'd have no idea why it did that. Hell, you may never be able to recreate the specific instances that lead to that failure.
So, we'll have some cases like that. Legit users, getting hit by the bricking code, for no known reason.
Gateway can't come out and say "opps's, our bricking code did brick legitimate users!" because if they did that, they would lose all of their credibility.
So yeah... Nothing will come of this. People will send end the 3DS's, they will lose the shipping fee's, and Gateway will just say that the bricking was caused by using other flashcards. Doesn't matter that it really was a legitimate user who got screwed - Admitting to it would lose them more business then leaving some customers out to dry will.