He could have, and maybe should have, made that pass. But ignoring the fact that the dude had a broken bone in his foot kind of seems like bad faith.
Someone else pointed out that the incompletion to Hardman was worse. Romo said that Hardman was supposed to have flattened that route out.
Ideally, he's not throwing his two most important passes of the season to late-season waiver wire pickups.