That was my question. Lawyers usually take these cases on contingency, If they lose do they pay 1/3rd.?
Trial lawyers got short arms and deep pockets
Not on this. A lawyer cannot control what settlement value a client puts on a case, other than to quit the case. Had it been for sanctions for a frivolous suit, the lawyer might be on the hook, but even that is doubtful because he had physicians who were in a better position to know and signed on. Too bad, IMO, because this junk science stuff has ruined products law. The trial bar will have to sit up and take notice of this one.
FWIW, the Offer of Judgment is a wonderful tool that should be used far more often. I use it more than most, though I never get costs awarded. It is more just a machanism to transfer risk to the Plaintiff. It helps a lot in settlement.