(yea, they sell shares to fund this. Whether contingency or not, there are costs)
This statement is completely ignorant of how contingency usually works. Costs are usually borne by the plaintiff attorney and only reimbursed if they win at the end of the case. We don't know the details of NWBO's legal arrangement, but to assume (with zero basis) that NWBO signed an agreement counter to the norm shows your extreme ignorance.
It's contingency, to dismiss that and make it sound like a negative is not unexpected from certain sectors but given the damages, what minimal court costs there might be are well worth it. It's not even worth discussing.
Case is yet to be litigated, but that doesn't mean there is not a lot of evidence and the filings of the counterparty litigants to see if they've admitted to the activities alleged.