Yes. Well, we could restore constructor new BiDi(biDiConnection) in Selenium 4.41.0. Then we do a switch in Appium:

if
return new BiDi(biDiConnection, timeout)
else
return new BiDi(biDiConnection)

this probably won't work. We'd need to load the class dynamically via Class.forName and also use an interface to access its methods, which will be a pain

I agree to @valfirst , it's not the first time we deal with such issues, yolo