I wouldnt say nothing could be done about the data, typically when files are deleted they are not gone until they are over written with new data or the drive is physically damaged. Testdisk has always worked well for me I would give it a try first then have the unit replaced.

If the files are uber important and you really want them back, you could always bring the phone to a professional data recovery service to get them back but it will cost you.

http://www.cgsecurity.org/wiki/TestDisk