Hans v. Volvo Trucks North America Inc.
patient to potentially return to the event for another period of time once their
symptoms have diminished with the timeout.
The video evidence clearly shows that Mr. Hans is only in a car as a
passenger and not as a driver. This is despite the fact that he was a
professional driver prior to the January 31, 2009 MVA. This evidence
supports the history that he and his wife provided that he is uncomfortable as
a driver now and attempts to avoid driving. This was noted in my report
(reference 5) and is evidence of PTSD criteria C2 and probably criteria B4 &
B5 (the latter two being the reason to avoid driving because it causes an
increase in his PTSD psychological and physiological symptoms).
Having a diagnosis of PTSD and Major Depression does not mean that a
person is not able to ever go into public or interact with people. Rather they
are usually restricted in their abilities to function in public or outside of their
house. They usually are also not able to enjoy things as much as prior to the
PTSD onset. It is interesting to note in the videos that Mr. Hans only smiles
once in all of the taping that was done.
PTSD symptoms can wax and wane depending on stress levels (e.g.
insomnia, poor diet, finances, relationship issues, etc.) and exposure to
triggers that remind a person of their trauma etc. What a person is able to do
one day may not be possible the next day because of the effects of stressors
or triggers. There is nothing in the video that does not support a diagnosis of
In Reference 1 Dr. Solomon wrote: “Mr. Hans’ presentation in the surveillance
material portrays an entirely different picture of him from that seen in the
examination room and an entirely: different picture from that described in his
clinical records and reports. I am unable to reconcile the disparity between
his clinical presentation at this and at other assessments and his presentation
in the video material. His presentation in the video material is inconsistent
with the diagnosis of a severe agitated treatment-resistant depression.”
I agree only with Dr. Solomon’s very last sentence. However, Mr. Hans’
presentation is consistent with someone with severe PTSD and depression.
Dr. Solomon has simply not arrived at the correct diagnosis and that is why
he is not able to reconcile the behaviour in the videos with his diagnosis. ...
… All levels of experienced trauma mental health clinicians are aware that a
PTSD patient’s presentation in an assessment interview may be worse than
their day-to-day function. They may seem to be more emotionally shut down,
more depressed, more anxious, less able to focus, more symptomatic, etc.
because the interview process will trigger and worsen their PTSD symptoms
during the interview, as they are required to relate their trauma history. ...
This phenomena is simply further evidence of the effect that criteria B4 & B5
can have on a person with PTSD.
 I have concluded that the opinion evidence of the medical experts adduced by
the plaintiffs based upon their assessments of Mr. Hans after their own interviews of