Loser pays and other derivitives have nothing to do with Congress. These are State suits pursuant to State laws.
In Michigan, we have a process wherby your case is evaulated by three lawyers fairly early in the litigation process. They assign a dollar value to the case. If both sides accept the amount ... the case is over. If a perty rejects, however, that party must improve his or her position by 10% at trial or pay the other sides actual attorney fees and costs.
While not exactly "loser pays" it is more like the "unreasonable one pays" In this case, the consortium number would likely be zero. Toss in actual medicals (probably less than ($500.00) and Pain and suffering (another $500.00 bucks and the evaluation recommendation would be about $1,000.00.