I voted no.
If I understand the rules of KS correctly, a dev must be working on said project in order to fulfill the obligations to backers. So in my opinion, for any legal action that might be brought against a dev, they would have to prove the dev has failed to continue working on the project. What judge would condemn a man for taking a hiatus, because of health issues created by his commitment, dedication and drive in creating the actual product?
It only PROVES that he is working extremely hard to fulfill his obligations to his backers, not the opposite. So much so that it impacted his health. The fact that he has put so much effort into completing this game that it impacted his health, only speaks of his dedication to the project, and his willingness to go beyond what most devs would do, especially in his honesty and forthrightness, not to mention the hours upon hours of work.
Even if the game never got finished (which I know won't happen) I would not be upset, disappointed maybe, but at least I would know that he gave it his best shot, and that it was not for lack of trying.
So Josh, stick to your guns and keep your integrity.
Disclaimer: I am not a lawyer, but I think my logic is correct.
Ask, and it will be given to you; seek, and you will find; knock, and it will be opened to you.