On Oct. 7, 2009, plaintiff Kevin Buckner, 49, a construction worker, was working in the maintenance shop at Central California Tristeza Eradication Agency in Visalia, when he injured his hand and arm. While drilling through a 1/2-inch piece of steel with a 1/2-inch Magnum Hole Shooter, a variable speed drill manufactured by Milwaukee Electric Tool Corp., the drill bound and counter rotated, severely twisting Buckner’s right wrist and arm. Buckner sued Milwaukee Electric Tool Corp. He alleged that the defendant was negligent for its product’s design defect and for failing to warn of this defect. Buckner acknowledged that he had never before used the incident drill or any other drill that required a side handle, but claimed that the tool was defectively designed in that it should have had an “interlock” device that prevented use of the tool without the side handle. Plaintiff’s counsel argued that the warnings were defective because they failed to tell the user to always use the side handle and failed to warn about the possibility of serious injury if the side handle was not used. Milwaukee claimed that it had been selling this particular drill for years, and that it met and exceeded all standards. Defense counsel contended that Buckner was only holding the drill with one hand and not using the side handle that was supplied with the drill. Counsel also contended that according to witnesses, Buckner was pushing the drill as hard as he could while pulling on the piece of metal he was drilling into as hard as he could. Defense counsel further contended that Buckner had 25 years of experience working in construction and maintenance, as well as several other jobs where he used power tools, making him an experienced user of the drill. Defense counsel argued that an interlock device was not practical and would pose its own problems with electrical safety issues, if it was installed. There would also be added issues of users trying to circumvent a design that is simply not necessary, counsel argued. In addition, defense counsel argued that no standard requires an interlock device and no other manufacturer who makes the same or similar power/designed drill employs an interlock device., Buckner suffered compartment syndrome in his right, dominant arm, requiring emergency surgery on the date of the accident, as well as several follow-up surgeries for alleged severe, ongoing pain. Buckner contracted a Methicillin-resistant Staphylococcus aureus (staph) infection after one of the surgeries. He alleged that as a result, he developed severe pain in his elbow, requiring several surgeries. On Oct. 7, 2009, Buckner underwent a right forearm fasciotomy, a right hand fasciotomy, and a dorsal, volar and right carpal tunnel release. On Oct. 8, 2009, he underwent cauterization at several points for post-operative bleeding, and on Oct. 13, 2009, he underwent a split-thickness skin graft from the right, anterior thigh for wound closure of the right forearm. On Nov. 13, 2009, Buckner underwent irrigation and debridement of the right leg to treat abscesses at the end of the skin graft donor site. He later underwent repair of a trigger finger condition of the right thumb, including an incision and release of an A1 pulley on March 22, 2010. He then underwent De Quervain’s release of the right wrist, which included an incision and excision of tendon sheaths of the right extensor pollicis brevis and right abductor pollicis brevis longus, on Sept. 28, 2010. In addition, Buckner underwent a carpal tunnel release revision of the right wrist, a right elbow ulnar nerve decompression and a right medial antebrachial cutaneous nerve neurolysis on April 18, 2011, and underwent an incision and drainage to treat a wound infection at right ulnar nerve surgical site 10 days later. The plaintiff’s pain management expert testified that Buckner would have pain and need Oxycontin for the rest of his life because his right arm was “virtually useless.” However, Buckner claimed that he became addicted to Oxycontin as a result of his ongoing, excruciating pain. He alleged that the pain had gotten so bad that he is seriously considering an amputation. Buckner has not worked since the accident, but there was no claim for future wage loss. The parties stipulated to $21,000 for Buckner’s past wage loss and stipulated to $125,000 in past medical specials, based on nearly $500,000 billed to the workers compensation carrier. Buckner also claimed that he requires about $200,000 in future medical specials for pain medication. Thus, plaintiff’s counsel asked the jury to award Buckner $5.4 million in total damages. Other than the stipulated past wage and medical specials, defense counsel did not suggest a number to the jury. State Compensation Insurance Fund had a lien, but it did not intervene in the case.