B – 146 Performance Validity Tests Base Rates For Litigant And Non-litigant Patients

Objective This study examined the association of litigation status and performance validity test outcome for a group of patients that underwent neuropsychological evaluation. Method 387 (59% female; 93% white) participants underwent neuropsychological evaluation at a neurology/neuropsychology outpatient clinic and were classified as litigant (N = 60, 15.5%; M/SD: age = 47.34/12.61; education = 13.15/2.43) or non-litigant (N = 327, 84.5%; M/SD: age= 51.28/15.71; education= 14.29/2.54). Pass/Fail rates for the two groups were calculated for one standalone and five embedded PVT’s; embedded PVT’s were derived from tests across cognitive domains including memory, language, working memory, attention/processing speed, and executive functions. Results Chi square analyses indicated litigants were no more likely to fail any PVT than non-litigants. Rates of PVT failure ranged from 6.1-29.2%. Litigants’ test performance was no more likely than non-litigants’ to be classified as non-credible based on failing > 2 or > 3 PVT's; non-credible performance rates for litigants and non-litigants were 16.9%/11.5% and 4.4%/5.4%, respectively. Conclusion In this clinical sample, patients with an external incentive for appearing impaired on neuropsychological evaluation for purposes of litigation were no more likely to fail PVTs in any cognitive domain than those without external incentive. Nor was their test performance more likely to be classified non-credible.