We need to change the system from the ground up. Not start to make liable some poor fella who happens to work at the USPTO who would have no idea that a legitimate patent would cause a multi-million dollar case.
The idea of part-liability for examiners on costs is so that the liability of a particular examiner is limited and is decided in the court and covered by professional insurance, much like an architect, so it is not going to bankrupt you, but getting too many of them could ruin your career and it is automatically on public record.