It's not a con, item's are often recalled when a fault is found at a later date, it's eBay's responsibility when a manufacturer contacts them about a recall for an item.
As you correctly state you are out of time to claim a refund from eBay. You can contact the manufacturer see what they say, I've heard some have been refunded on return of the item to the manufacturer, but of course no guarantee there.
@pyzzaj
