This lawyer doesn't practice in TX. As such, "loser pays" doesn't apply. As such, I'm saying how it is elsewhere in the US. If it brings in less than 300K, it's not cost-effective, and, no matter how clear-cut is the result, how do you make a lawyer take the case? You can't.
If "loser pays" becomes law, in the short term, as I said, all victims (true and false) will suffer, because the attorneys will take only the cases that are beyond a "reasonable" chance of winning.
Your point would be correct after the whole system cools down and settles a bit, and everyone can see the lay of the land.