NorthWest Biotherapeutics Inc (NWBO)

[pqr]

Damages, continued

I am a defense lawyer by trade. I will tell you that I feel tremendous pressure to defend suits where a material loss is possible. Especially as I note anecdotally where, as is the situation here, an aggressive defense can result in a jury that actively disapproves of your client, and maybe, you. Contrary to the position of plaintiff’s counsel who risk their time only, defense counsel risks (depending on the client and claim) substantial assets of the client and likely here, the reputation of the client and to some extent, the defending lawfirm. And there is no real “upside” for
a defendant there is only the avoidance of a bad, or maybe really bad, outcome.

I do not agree with some who have suggested that plaintiff’s counsel would not have taken the case without a high level of confidence in a favorable outcome. To the contrary, this is a pretty unique case to my knowledge. However, given what (little) I know here, I would far prefer to be plaintiff’s counsel if I could afford to take that risk.