Not everyone who wins a lawsuit should have. I agree there needs to be reform but loser pays has the potential to punish and bankrupt innocent parties
Innocent parties are usually losing because big guns are against them.
If you know you are in the right- and that the loser will eventually pay, then you can go all out.
I agree that SOMETIMES innocent people can be harmed by the best of intentions- but we would never get anything accomplished if we always wait for perfection.