The maxTimeNeverTimeOut test failpoint is intended to prevent any operation from being interrupted due to an expired maxTimeMS deadline. However, two pre-flight deadline checks in NetworkInterfaceTL bypass this suppression, causing spurious MaxTimeMSExpired errors in tests that rely on the failpoint. These checks are CommandStateBase::getClient() and CommandStateBase::sendRequest(). This causes out_max_time_ms.js to fail intermittently, resulting in BF-42578. This bug exists only in 8.3 and master.