This Podcast Will Kill You - Special Episode: Philip Eil & Prescription for Pain
Episode Date: December 17, 2024In February 2012, Paul Volkman was sentenced to four consecutive terms of life imprisonment for his role in illegally prescribing and dispensing pain medications that resulted in the deaths of several... individuals in his care. This was a remarkable case, both in terms of the lengthy sentence as well as the perpetrator. Paul Volkman was a highly-educated physician researcher, who earned both his MD and PhD and had decades of experience practicing medicine. How did he end up in a cash-only pain clinic in southern Ohio? In this TPWKY book club episode, journalist Philip Eil joins me to trace Volkman’s journey as outlined in Eil’s book Prescription for Pain: How a Once-Promising Doctor Became the “Pill Mill Killer”. Eil places Volkman’s actions in the broader context of the opioid epidemic and reflects on the lasting impact Volkman’s case has had on painkiller regulation and the communities most impacted by his crimes. Tune in for a fascinating conversation about what happens when a doctor decides he is above the law. Support this podcast by shopping our latest sponsor deals and promotions at this link: https://bit.ly/3WwtIAu See omnystudio.com/listener for privacy information.
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Hi, I'm Aaron Welsh, and this is This Podcast Will Kill You. You're listening to the latest episode in the TPWK.
Y Book Club series this season, our ongoing miniseries where we bring authors onto the podcast to chat about
their fascinating books in science and medicine. So far this season, we've explored topics all
across the realm of science, from how roads affect our lives and the lives of wildlife, to how our
brain picks and chooses what's important to remember, from why fungi rule the world, to how unsung
heroes at a hospital on Staten Island helped to bring about a cure for tuberculosis.
And we've got more topics to venture into this season, but just a couple. That's right.
We've got just two more book club episodes left after this one for the season. But don't worry,
we'll be back next season with more book club episodes. And you can always check out our website,
this podcast will kill you.com, where you can find a link to our bookshop.org affiliate page under the
extras tab. On that page, you can find the TPWKY Book Club list, which includes all of the books
we've covered so far, as well as the ones that will be coming out later this season.
And a hint for anyone who's doing some last-minute holiday shopping, our book club lists
are a great place to pick out some fascinating books for the readers in your life.
Speaking of fascinating books, this week, we'll be delving into a story that is part
public health crisis, part true crime, and part tragedy, whose impact is still felt by so many
to this day.
Journalist Philip Isle joins me to discuss his book, Prescription for Pain, how a once-promising
doctor became the pill-mill killer.
That once-promising doctor refers to Paul Volkman, an American doctor who is currently serving
four consecutive life sentences in an Arizona prison for unlawful distribution of a controlled
substance resulting in death. Looking at Volkman's early life and career, which included an
MD and a PhD, this seemed like a guy destined for greatness, for a Nobel Prize even, as one of his
former colleagues suggested. How did Volkman go from being one of the most accomplished
physician researchers in the United States to working at a cash-only pain clinic in Southern Ohio,
to then spending the rest of his life in prison.
That's the question at the center of Isle's prescription for pain.
In the course of tracing Volkman's downfall,
Isle also exposes the systemic failures and lack of oversight
that permitted Volkman to remain in a position of power for so long,
a position he exploited to harm those who sought his help.
In general, I think that most of us trust physicians to do the right thing.
Of course, we know physicians are flawed,
they make mistakes. They're human, after all. But when it comes to helping versus harming,
we expect them to abide by a moral code, the bottom line of which is do no harm.
Volkman's complete violation of this code begs the question, why? Why did he continue down this
path, knowing that he was causing irreparable harm to individuals, to families, to an entire community?
Through extensive research, including conversations with Volkman himself, Ayo reveals the disturbing
answer to this question, which is simply that Volkman sees himself differently than the rest of the
world sees him.
Ayle also puts Volkman's actions in the broader context of the opioid epidemic and how it has
changed shape over the past 20 years.
But importantly, throughout his book, Isle doesn't lose sight of those who were harmed by
Volkman, drawing attention to their lives and honoring their memory. Prescription for pain is a gripping
account of a physician who abused his power and status and betrayed those who came to him for help.
But more than that, it's a story of how he was able to carry out his crimes in this country in the early 2000s,
enabled by a broken system and supported by corrupt officials. What is Volkman's true legacy?
and how can we prevent someone like him from going down a similar path?
Let's turn to the interview to find out right after this break.
Phil, thanks so much for joining me today.
Happy to have you here.
Thanks so much for having me, Erin.
Your book Prescription for Pain is a meticulously researched account of the truly
chilling life of Paul Volkman, a doctor, a doctor, MD PhD, specifically,
who is currently serving four life sentences in pre-volknotice,
for illegal prescriptions. As you discuss in the book, your reasons for writing this are in part
personal. How did you first hear about this story? And what about it made you think to yourself,
okay, I've got to write a book about this? To answer that question, we have to go all the way
back to 2009 when I was 23 years old. I was less than two years out of college and I had just
started my journalism career. And one of the books that had inspired me to pursue,
to pursue nonfiction writing was Truman Capote's In Cold Blood.
So young Phil has just started out on his journalism career.
I've written maybe 10 or so small, lighthearted articles for local publications in my
home state of Rhode Island.
And in Cold Blood had been one of the things that kind of got me on this path.
And I'm talking to my dad, and he mentions that he brings up this case, the situation of
this old classmate of his.
from the University of Chicago MD PhD program.
And this old classmate, Paul Volkman, at that time, was facing a federal indictment.
The indictment alleged that Volkman had participated in a multi-year drug dealing scheme, basically.
Federal prosecutors said that Volkman was working out of cash-only pain clinics in southern Ohio,
that these clinics were patrolled by armed guards, that local pharmacies refused to fill the
prescriptions written there, that he was prescribing prodigious amounts of opiate painkillers,
as well as sedatives and muscle relaxers, and most awfully that a number of his patients had died
over the course of this conduct from apparent overdoses after taking the medications that Volkman
prescribed them. So as I described in the book, my dad is a mild-mannered, nerdy guy who wears glasses
and plays golf and sings in civic corrals.
And I'm not sure he's ever even gotten a speeding ticket.
He's not the kind of guy you would expect to know someone
who's accused of essentially being this kind of prescription drug dealing kingpin.
So it was immediately struck by that kind of familiarity
that these two guys had gone not just actually at a medical school together,
but college as well, but also the foreignness of it,
that this guy who my dad knew was accused of these,
horrifying crimes. And another factor was that my dad had fallen out of touch with Paul Volkman
in the years between their graduation from the University of Chicago in the mid-70s and Volkman's
indictment. So he couldn't account for what had happened in between those two dates. So it was also a
mystery. So throw all these things together and you've got me, the energetic and ambitious
and also pretty naive young journalist who has big dreams of writing a true crime book like Truman Capote.
And I was immediately hooked. I was about to enter a graduate writing program.
And I had already gotten in with a portfolio that was based on some other stuff.
But I immediately pushed that stuff to the side and said, this is the story I want to pursue.
This just seemed so fascinating and rich.
It immediately struck me as a big story, even though I didn't really know.
what was between those years of their graduation in Volkman's indictment.
And one other thing I'll just add is that Volkman was not a guy who was a regular at my house
growing up. It's not like he came over for dinner or hung out of family barbecues.
I'd never met him. I'd never even heard of him. He was this long lost guy from my dad's past.
So I was coming to the story with a personal entry point, but without any history with this guy.
And I was off to the races from that point.
And 15 years later, you say you started this 15 years ago, and then here now you have this book.
Did this book change shape as you worked on it, or as the broader narrative surrounding opioids in the U.S. changed?
Yes. I mean, I'd say for the first couple years, I was just a graduate student who was in an MFA, Master's of Fine Arts Writing Program, who needed a big project, not a finished book, but like a thesis project.
then I use that term lightly because your audience is probably used to much more serious and rigorous
theses than the one I had to produce for my MFA program is just kind of like an exhibition of my work.
So initially, I didn't know that this would be a book.
I just knew it was a big story.
I mean, in a technical sense, I didn't have confirmation it was a book until 2021 when I landed a book deal.
I always, from a pretty early stage in my mind, thought there was enough for a book here.
The journalist of me who wants to just point to facts is like, no, I didn't actually have a contract until 2021.
I mean, so that's a kind of a literal answer to your question.
The other answer is to start this in 2009, there hadn't been that many books at that point written about the opiate epidemic.
You know, we're in this phase of, we're so far into this epidemic. It's progressed from prescription
drugs to heroin to fentanyl. And we're also in this stage, I think, of slowly understanding how this all
happened with the help of remarkable books. I mean, Patrick Radden-Keefe's Empire of Pain, Sam Kinones'
Dreamland, Beth Macy's dopesick, Anna Lemke's Drug Dealer MD. My book, by the time it came out,
joined this kind of subfield of nonfiction literature about the opiate epidemic, whereas when I started,
there were a few of those books, but not too many of them out there. And one thing that allowed me to do,
you know, this book didn't wind up being short. It's 400 pages on its own because I knew those
other books were out there to really just focus on this one doctor's extraordinary life.
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Welcome back, everyone.
I've been chatting with Phil Isle
about his book, Prescription for Pain,
how a once promising doctor
became the pill mill killer.
Let's get a.
back into things. Speaking of Volkman, let's get a bit into his story. So here we have this highly
educated, highly driven guy who starts out with this promising career. He's got his MD, he's got his
PhD. But then things begin to go downhill for Volkman. He's involved in medical malpractice suits.
He's having a hard time finding and keeping a job. No one will ensure him. How did Volkman eventually
find himself working at a cash-only pain clinic in southern Ohio? Like, what was the turning point?
Or were there several turning points? So that, I mean, I talked at the beginning of the book how
it was really that question, Aaron, that drew me in of like, what happened to this guy? On paper,
he was a high school valedictorian. He got a partial scholarship to his undergraduate studies at
University of Rochester. He and my dad both got federally funded scholarships to get MD PhDs at the
University of Chicago, the MSTP Medical Scientist Training Program. That was fascinating to me.
You would think that a guy like that would emerge with no debt with two degrees, really the highest
qualification we have in our culture, double doctors, you said at the start. You would think a guy like
that would just have endless possibilities in front of him, endless options. And
How was it that he wound up in such seedy and ultimately criminal situation?
That's a question that after many, many years of research and reporting, I wind up answering
in the first part of my book before the crimes start, because actually, Vokeman's crimes
don't start until he's well into his 50s. He's had kind of a full adult life. He's had a career.
And as you say, it was an odd career. He and my dad were really trained to be researchers.
They weren't really trained to see patients.
Volkman flamed out of research fairly early on,
and the reasons are there was kind of a theme that would emerge in his life
where he said it was one thing and the facts as determined by interviews with other people
or documentation, say another.
Volkman says basically he had produced this brilliant work of research
about a new treatment for strokes at a laboratory in Chicago
and that his lab director was away and came back,
and didn't understand it and wouldn't sign off on it.
And so Volkman's, according to him,
you know, paradigm-shifting research was ultimately spiked
for reasons that he says were due to his lab director.
The lab director, who I tracked down,
said a very different story,
that Volkman was not a particularly promising or bright researcher,
that he didn't produce a lot in the way of funding or research,
that he seemed distracted and was working a lot,
on nights in emergency rooms and that they ultimately decided that this wasn't a good fit.
So again, this is the start of Oakman's career. And for me, as his biographer, we have a trend
emerging that would continue to emerge of him saying one thing, often a self-glorifying narrative
and another person saying another. So from there, he has stints in pediatrics.
his decision to go into pediatrics
kind of befuddles, his classmates,
it didn't make economic sense,
didn't make sense with his personality.
That ultimately wasn't earning
the kind of money he hoped it would
for his now-growing family.
He's married. He has two kids. He's living in Chicago.
Starts moonlighting in emergency rooms
on nights and weekends, first in Chicago.
Then he discovers that he can actually
earn more money, taking these kind of
temporary, what are called Locum Tenens gigs,
across the Midwest. So ultimately, these last for days or weeks at a time. Over the years,
he works in dozens of hospitals in Indiana, in Ohio, in Iowa, in Wisconsin. He's kind of a traveling
doctor. And over the course of about 20 years, as you say, he's sued for malpractice. All cases
which he says were without any basis. He says he was a victim of an out-of-control malpractice
lawsuit system and predatory lawyers and patients who were looking for a quick payout.
And I include that version of the story in the book, of course, but as I always do, because
I'm a journalist, I track down these cases and the people involved in them when I could to see
what they said.
And once again, they told a very different story.
In one tragic case, a young pediatric patient who was about a year old died from what a
jury agreed were Volkman's actions, which I can talk more about that. In another case, a woman's
arm was amputated from below the elbow. In another case, a young guy was left with permanent
brain damage from what was argued to be kind of negligence on Volkman's part. So these were
really serious cases where people had really serious injuries and the facts, as I determined
them, were much more incriminating than Volkman let on. So all of this happens, and by 2003,
The lawsuits add up enough where malpractice insurers notify him at some point, and it's unclear,
he gave me differing accounts, whether his rates became too high that he couldn't afford them,
or he was actually kicked out of malpractice insurance entirely.
It wasn't clear, but the result was he couldn't get malpractice insurance.
And so he's in his mid-50s.
He's living on Lakeshore Drive in Chicago with a rent of $4,500 a month.
He has a lot of expenses, and he's virtually unemployable in most medical settings.
And after kind of some desperate scrambling, he finds an ad online for a cash-only pain clinic
in the Appalachian part of Southern Ohio on the Ohio River, and malpractice insurance isn't
required.
And that's how he winds up in Southern Ohio.
And this clinic that Volkman ends up joining already,
existed at this point. What can you tell me about the beginnings of tri-state healthcare and Denise
Huffman? Like, how was Denise with someone without any medical credentials whatsoever able to open
a cash-only pain clinic? Yeah. So I'll preface this by saying, you know, there were a lot of
things that kept me motivated on this story for more than 10 years. One, the facts were just
astonishing. They remain astonishing to me even after the book is out and I've processed this all.
Like, this is why I write nonfiction, not fiction, because if you read this in a novel,
you might not believe it. Denise Huffman, who started the clinic that would ultimately hire
Volkman, was a native of Eastern Kentucky. She had dropped out of high school, knocked on to college,
had no medical training. She had worked in fast food restaurants and factories, although her
employment history is a bit murky as are a lot of things about her life. She was a contrast to
Volkman. Volkman spoke to me virtually endlessly for the book, first in person before his trial,
then via email and letters after his trial. Denise Hoffman did not really speak to me at all,
so I had to kind of cobble together her story from legal documents. But according to Denise,
she's started this non-hospital affiliated pain clinic. Again, she has no medical background
because it was a business that she felt the area needed. The area is this region,
first she was in Kentucky, but it's kind of where the rust belt and Appalachia overlap.
Used to be industry around here, most of that is long gone, and by this time in the early
2000s, it's a really poor place, it has been for quite a while.
If you talk to people around here as to why Denise, here being Southern Ohio, Eastern
Kentucky, why Denise founded this clinic, it's because there was an existing model for how to run
this kind of business that was up and running, this kind of high volume prescribing cash-only
pain clinic, you know, that's so-called pill mill, that a few people had tried and was kind of
shown to work, even if the doctors and other people wound up going to prison, there was money
to be made there. And she seems to have had some kind of connection, personal, professional,
with one of the most infamous doctors
who ran this kind of clinic in the region.
So she says it was a good clinic
that the people who were in pain in the area needed.
Other folks say, no, she saw the writing on the wall.
She was kind of an understudy of this crooked doctor
and started her own operation.
But that's who Denise Huffman was.
She turned it into kind of a family business.
Her daughter went to work for her
managing the day-to-day operations.
Some of her nieces worked there
as medical assistance and nurses.
the first few doctors she hired, more than one of them ran into issues with the Kentucky Board of Medical Licensure.
I tell those stories in the book. At a certain point, she hops over the river to Portsmouth, Ohio, and finds Dr. Vultman online.
And so this odd couple, big city doctor with an impeccable resume, at least on paper, and this woman who's a native of Appalachia who doesn't have any kind of training or much education, they wind up,
partnering up in a sense. She's the clinic owner, he's the doctor, and that partnership would
last for more than two years. This ultimate success of the tri-state health care clinic,
it's not unique in itself, and it really does fit into this larger context of pain killers in the
early 2000s. Can you talk a little bit about that and where these pill mills, including
tri-state health care, sort of fits into the growing awareness of pain during this time as the quote-unquote
fifth vital sign.
Volkman's crimes took place between 2003 and 2006, and that places them squarely in kind of the
early years of the opiate epidemic.
I mean, literally, if you look at graphs from the CDC about deaths due to opiates,
they break it down into three eras, the prescription era, the heroin era, which is largely seen
as a result of the crackdown on prescribing, and now we're in this fentanyl era.
So these are pretty early years.
This is less than a decade after the arrival of Oxycontin and the story of what happened
around Oxycontin, which I describe as kind of the big bang of the opiate epidemic, the wildly
inappropriate and cynical ways that those drugs were marketed and the kind of misinformation
as marketing that was spread about the supposedly low risk for addiction and the much
wider uses for these really strong opiate medications than anybody previously thought.
That is well documented in books by Barry Meyer and Sam Kinnonase and Patrick Redden-Keefe
and the excellent documentary Crime of the Century by Alex Gibney on HBO.
As a side note, Volkman, for kind of unclear reasons, preferred to prescribe generic oxycodone.
So he really didn't prescribe the brand name OxyContin.
So this actually isn't an OxyContin story per se.
but any story involving opiates and overprescribing in this era as an oxycontin story,
because they're the ones Purdue Pharma who really got this whole mess rolling.
So Volkman, as a guy who even to this day from federal prison, having been convicted of drug dealing,
maintains he was treating pain and being compassionate and being professional and helping people,
is really a man of his era in that the era you described
that the fifth vital sign,
this was a moment when the winds of change
were really blowing in the direction of let's treat pain more aggressively.
The fifth vital sign for folks who don't know
was this campaign to treat or assess pain
upon a patient's arrival in a health care setting
like you would their pulse or their blood pressure
or their temperature, even though critically pain is not
not measurable independently like those other things, which makes it more complicated.
But it was a time when the medical world was trying to shift, and culture generally was shifting,
a piece of kind of trivia that I found in my research was that Congress actually included in a bill,
an unrelated bill, the distinction that the decade from 2000 to 2010 would be dubbed the decade of pain control and research.
This was, and state legislatures were passing laws, protecting doctors who wanted to prescribe opiates.
This is all the context in which this case unfolds.
And we now know that it was an era when a lot of actors, be they corporations, be they doctors, distributors, even McKinsey, the consulting company,
kind of used this cloak of treating pain, of relieving suffering to make a lot of money.
and to cut corners and ultimately to cause a lot of damage in the process. It's this unimpeachable idea, right?
I'm not against treating pain, right? Who is against relieving suffering? But that cause, which had this
new momentum at the time, gave cover for a lot of bad actors, and Paul Holkman was one of them.
Let's take a quick break here. We'll be back before you know it.
Anyone who works long hours knows the routine. Wash, sanitize, repeat. By the end of the day,
your hands feel like they've been through something.
That's why O'Keefe's working hands hand cream is such a relief.
It's a concentrated hand cream that is specifically designed to relieve extremely dry, cracked hands
caused by constant hand washing and harsh conditions.
Working hands creates a protective layer on the skin that locks in moisture.
It's non-greasy, unscented, and absorbs quickly.
A little goes a long way.
Moisturization that lasts up to 48 hours.
It's made for people whose hands take a beating at work,
from health care and food service to salon, lab, and caregiving environments.
It's been relied on for decades by people who wash their hands constantly or work in harsh
conditions because it actually works.
O'Keefs is my hand cream of choice in these dry Colorado winters when it feels like my skin is
always on the verge of cracking.
It keeps them soft and smooth, no matter how harsh it is outside.
We're offering our listeners 15% off their first order of O'Keefs.
Just visit O'Keefscom.
This Podcast and code this podcast at checkout.
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I'm here chatting with Phil Isle about his book Prescription for Pain. Let's get into some more questions.
After Volkman moved to Ohio, he didn't fly under the radar for too long. What were some of the
immediate red flags that popped up when he started working at Tri-State? That very clearly
showed that he was involved in a drugs for money scheme. First off, he continues to live in Chicago.
Another, you know, the odd couple nature of his relationship with Denise fascinated me and the fact
that he lived in Chicago and was commuting on a weekly basis, went down on Monday, returned
Friday to a town 400 miles away in southern Ohio. So that's a key part of this story, right?
Just the distance and his, I think he was used to traveling.
from his years as a locum tenants doctor.
But there were people who were so upset with him during his time in Ohio,
one of whom told me she said to him,
you need to go back and start this clinic in your neighborhood in Chicago.
That was the kind of vibe it was.
Anyway, so he gets down there, and almost immediately pharmacists are,
which the clinic needed at that time, to fill their prescriptions,
are alarmed by the prescriptions he's writing.
They strike the pharmacists, many of whom would later test,
at Volkman's trial, as excessive, as dangerous, as it was sketchy, the number of patients
who would kind of arrive at pharmacies and waves or their willingness to pay cash, or the fact
that many of them seemed young and pretty able-bodied for people who were filling prescriptions
for opiate painkillers and sedatives like Valley and the muscle relaxers. So kind of one by one,
the local pharmacists say, we don't want any part of this. We're not going to fill these
scripts. This is within months of Volkman arriving. Volkman, you may get a sense of his personality,
says this is, you know, a result of their ignorance or their corruption or some collusion on their
part against him. Certainly isn't his prescriptions, which according to him or by the book and
completely appropriate. So he's not, you know, thrown off course. And he and Denise do something
that at the time was legal, they submit an application to the Ohio Board of Pharmacy to a
establish an on-site dispensary at their clinic. I think this is designed, the law was designed
for, like, rural doctors who maybe had to write an occasional script every now and then, and it was
convenient for them to just be able to give it to patients on-site. I don't think these laws were
designed to open up a kind of massive, in terms of the amount of pills moving through, dispensary
on site, but that's what this became. The Ohio Board of Pharmacy gave,
this clinic, the green light, and that's kind of when the floodgates opened. This turns their
clinic, this was within months of Volkman arriving down there, into a one-stop shop, again, all cash,
where patients could see the doctor, receive their prescriptions, literally walk down a hall
and get those scripts filled at this kind of ad hoc tossed together pharmacy, which was dispensing
enormous amounts of medication. Volkman, from this small clinic,
in a small town in rural Ohio
became the single largest purchaser of oxycodone in the country
for the year 2004.
That was the kind of volume.
He was writing and dispensing.
And the clinic operated like this as a one-stop shop
for, again, a couple years.
Pretty soon the DEA got wind of it
through various ways, complaints by pharmacists, by other people,
and they start an investigation within a few months.
But it would take quite a while for that investigation.
to, I guess, acquire enough momentum where they felt they could shut them down.
Part of that momentum was when some of Volkman's patients began to die from what appeared to be
drug overdoses happening on a regular basis, really.
And what finally then led to this DEA raid on the clinic in 2005?
And what did they find that was, quote, unquote, highly unusual, I guess, to put it mildly?
I don't know if I ever learned what the exact inciting incident was for that raid in 2005,
but they had been collecting enough information at that point.
So there were complaints from local pharmacists before Volkman and Denise started the dispensary.
Then when the dispensary got up and running, there were complaints or at least red flags
thrown by medical distributors who were filling their orders and saying we've never seen,
you know, orders of the size for oxycodone.
And then, of course, there were the deaths, as you mentioned.
I never got an exact number of how many deaths investigators looked into.
I was told it was over 30 deaths that they at least explored, and they ultimately found enough
of a connection where they mentioned 14 patient deaths in Volkman's indictment.
And this is in a place, by the way, I should note that at the time of Volkman's arrival,
already had an established problem with addiction, overdoses, opiates.
I found a clipping from a local newspaper from 2003 the year he arrived where mayoral candidates
in Portsmouth were debating whether the city deserved the nickname the Oxycontin capital of the
world. So that's the place he arrived in. And so he's at this clinic and the DDA swoops in
for the first of more than one raid in the summer 2005. And,
A lot of people show up and they videotape it and that tape is shown at Bulkman's trial and I ultimately get my hands on it.
And they find, well, they find guns.
There's a number of guns at the clinic.
There are guns upstairs in an office, a rifle on a floor.
There's another gun leaning against the wall.
This is all visible in the video.
There's a handgun behind the counter at the dispensary.
Inside the dispensary, there are stacks of pre-filled and labeled bottles that kind of like a
an assembly line operation. These are just kind of ready to go. It doesn't really seem like the kind of
place that would be offering a specific, highly tailored medical care if, you know, these bottles of
90 oxycodone or Valium are just kind of ready to go. According to some testimony, there are
urine sample cups that are visible, kind of lying around. It's a mess and a really sketchy
operation, to put it mildly. I mean, I've seen the video, and it's just kind of mind-boggling.
And yet, after that day in the summer 2005, Volkman is not shut down. He continues to practice.
He is, again, undaunted by the fact that the feds have come in and, you know, taken a whole
bunch of paperwork and, you know, raided the clinic, essentially, and he goes back to work,
back to what he's doing. The show continues, and the money keeps pouring in, and more people
continue to die after that point. Yeah, and so then he's still there despite this, like you said,
just kind of unbothered in a sense. How did he eventually get arrested? Like what ends up happening
where it's like, okay, this is it now, like we had this raid, we have more evidence, enough is enough,
and then he, you know, gets finally arrested for his crimes.
In one sense, I don't really have an answer to what the tipping point was,
because I think it's an open question and a good question to ask,
why did it take the DEA nearly three years to shut this guy down?
He starts in April 2003.
Red flags are there from the start, and he isn't shut down.
And by shut down, I mean the DEA formally suspends his registration to prescribe controlled substances,
until February 2006, nearly three years after he started.
So I think people should ask, even though I think Volkman deserved to be taken down by the DEA,
and I think overall it was good that they took him off the streets.
One of the first articles about this case was in the Columbus Dispatch,
and they kind of asked what took so long.
The headline was more died as three-year probe unfolded.
So I don't really have an answer to why it took that amount of time.
But I can say that Volkman was not chastened by this raid of his office in 2005.
In fact, his behavior became even more outrageous.
Within a couple months, his relationship with Denise Sowers, and they part ways.
And Volkman decides, while he's looking for a new office, to try to run a pain clinic out of his house that he was renting in Portsmouth,
you know, a quiet, out-of-the-way residential street in a quiet town, he opens up or attempts to open up a really high volume, both in terms of the number of people coming in, the number of scripts going out, pain clinic.
And it just wreaks havoc on this neighborhood. You know, the street clogs up with cars, people are milling around on the front yard and the backyard because there's no sign on the house. They're knocking on the neighborhood. They're knocking on the neighborhood.
neighbor's door asking for the doctor at odd hours of the day. There's a guy with a gun who's a
security guard wandering around. It's total chaos. Even Volkman's defense lawyers at his trial
used the term chaotic to describe it, which you know it's chaotic if your defense lawyers
are going to say, yeah, those couple weeks were chaotic. Oh, another extraordinary moment is when
the mother, the desperate mother of a patient of his, the patient who was in recovery from
addiction before going to Volkman's clinic. She's literally fearing for his life, knowing about this
doctor. She's a guard at the local prison, barges into the clinic, kind of elbows her way into a room
where this is a clinic in the house where Volkman's seeing a patient and threatens him,
which says, basically, I have a gun in my car. If you don't stop prescribing to my son, you know,
I will use it. This is the kind of environment Volkman's operating in. That woman would testify
at his trial and tell that story.
But again, that gets shut down by the local police.
He's still not ready to stop.
He finds a new office space about an hour north in a town called Chilicothe, and for four or five
more months, continues to operate until, again, I don't know what the exact calculus
was, except the DEA finally decided it had what it needed to initially suspend his
registration.
And look, there are good reasons why the DEA needs to present evidence.
before they can just yank a doctor's drug registration.
You know, that's a person's livelihood.
But it certainly does beg the question of what took so long.
But by February 2006, they had what they needed,
and they raid his office for the last time,
suspend his license to prescribe controlled substances,
and then a little over a year later,
a federal indictment follows in 2007.
While researching for this book,
and you've mentioned this throughout our conversation,
you were able to spend a lot of time communicating directly with Volkman through, you know, in-person
chats, through email, through letters. And you talked about how his version of events often appears
very different than the version of events that other people tell or that is just as laid out in
the facts. What patterns did you see in his telling? Like, do you think that he truly does see
himself as a victim? Yes. Oh, absolutely. He says as much in an open letter,
that he wrote from prison in 2018 that was published on a blog that's sympathetic to the
plight of doctors convicted for prescription drug dealing. He literally says, I'm a victim in this story.
And that's kind of a distillation of his view of his entire life story. The most prominent trend
in his telling is he's a victim. Not only is he a victim, but he was a good guy doing
helping people. According to him, these were people in chronic, severe pain for whom other treatments
had failed, who were kind of at their wits end, whose lives had been severely harmed by these
injuries or illnesses, and that he was the only doctor with the brains to know how to treat them
and the guts to prescribe these stigmatized medications of opiate painkillers. And as he says,
basically give them their lives back. That is his version. And so in his telling, he's been railroaded
by the federal government. The DEA is a corrupt out-of-control agency that in its zeal to prosecute
the war on drugs found doctors to be a more appealing target than, you know, traditional street
corner drug dealers, and started going after innocent doctors. And he was one of them. For him,
it's a story of a grave injustice that he is,
that he was charged in the first place
and that he was convicted and sentenced to life in prison.
I found that stance to be unwavering
in my years, literally, of communicating with him.
He's not a guy who's prone to admitting
really any kind of fault.
He has an extremely high view of himself
in terms of his intelligence, in terms of his morality,
and an extremely low opinion of a lot of other people.
who, you know, he seizes his antagonists.
And that list came to ultimately include me, you know,
the son of his former classmate who showed up with a tape recorder and a notebook
and who wound up publishing first a magazine article that wasn't to his liking.
And, well, I haven't heard from him since I published the book,
but I know he didn't approve of a much shorter magazine article that told what I thought was the accurate story.
So in a lot of ways, the book became a character study of,
an exceedingly bright guy who just sees the world fundamentally differently from virtually
everyone around him. At his sentencing in 2012, said, I have no apologies to make and called the judge
a heinous criminal. At that point, Volkman's lawyers had backed off the case as a number of lawyers
for him had done previously, and he was representing himself, and he told the judge that she was the
criminal, not him. And some folks have understandably asked in my book events, you know,
was he using the drugs himself or did he have a gambling addiction or was he trading pills for
sex? You know, there have been a lot of doctors convicted of prescription drug dealing during the
opiate epidemic. And you, when you look at some of these cases as I have, you see those things.
Right. You see the tales of the doctors who were using drugs themselves or who were, you know,
trading pills for sex or who were gambling, whatever.
But I say that I think this book would have been a lot thinner
if when I scratched the surface I found that it was a fairly kind of traditional vice
that explained Volkman's behavior.
But there was no real evidence of that.
Instead, it became a story, a much more complex story of a guy who,
more or less in his right mind, or at least not under the influence of anything I could tell,
did this and did this for nearly three years. I mean, this is the very opposite of a hot-blooded
crime that happened in an instant. Not only did this guy do this conduct for three years,
he was commuting for hours each way every week and had plenty of time to think about what he
was doing. So that is really what interested, or that's one of the things that interested me is
how does that happen? What does it look like when a person thinks that way?
Another thing that makes Volkman stand out, even among these other physicians who have been convicted of illegally prescribing opioids, is his sentence.
Yeah. Out of all of the doctors, and I've seen estimates as high as there have been a few hundred convicted over the course of the opioid epidemic, and virtually every state has at least one case of a doctor who broke bad and was convicted of crimes.
during the opiate epidemic, I looked really hard to see if there were any sentences that matched
or exceeded his sentence of four consecutive life terms. And I did not find any. It's a high water
mark. And, you know, there are reasons for that that I can get into a little bit. But just to start,
it's one of the many things that makes this case stand out. I would also say that I didn't really
find many, if any, other cases involving an MD PhD. And I should add that Vodkman's PhD,
was in pharmacology and toxicology. So it wasn't in some unrelated field. It was literally in the
discipline of drugs and how they affect the body. Ultimately, both Volkman's story and this larger
story of the opioid epidemic, they're true crime stories with villains like Volkman and with
victims. In your process of writing the book, how did you go about making sure that the
experiences of those harmed and exploited by Volkman were represented or honored.
Here's another, you know, in my book events, I'm always saying, and that's another reason why
this took me over 10 years. This was a thing that I really didn't want to rush. Again, like
we said at the beginning, I was 23 years old when I started this. I hadn't published a book.
I hadn't even published any of the in-depth reporting on serious subjects that I would do later on
my career. And I knew that this was an exciting story, one, but I also knew that it was a really
serious story. To me, as a journalist, there is no bigger responsibility than telling a story
of somebody who's no longer here to tell their own story and or somebody who's been the victim of a
serious crime. And in this case, there were many of those people. There were 14 of those people
And we could go on a whole long detour about true crime stories.
I got really obsessed with true crime as a genre as one of the ways of kind of working
through my anxiety about how I would try to pull off this story.
You know, I would read a lot of books and watch a lot of documentaries and listen to a lot of
podcasts.
And the good ones inspired me and helped steer me in the right direction and the bad ones.
And there are many of bad ones or at least flawed ones gave me a long list of things
I didn't want to do.
And one of the things I didn't want to do was flatten the lives of the people who died in this story or sensationalized their story or, you know, stigmatize these people or, you know, demean to them in any way.
And there was actually a helpful reminder within the story itself of how not to do it because Volkman himself clearly did not see these people as three-dimensional people.
I mean, there was an email that was presented during his trial that he wrote at the time he was doing this work in which he said most of his patients were hillbillies.
You know, that's a word I would never, ever use to describe these people and certainly don't in the book.
So telling the story right, and by right, I mean in a way where the loved ones of these people didn't feel disrespected,
where the community itself of Portsmouth and Southern Ohio and Appalachian general didn't feel
disrespected. This is a region that's been maligned so many times in popular culture and in the press.
And I was well aware that I was the caricature of the East Coast journalist driving in from out of town.
You know, I didn't want to be one of those people who just looked down his nose at this place
and maybe went once or twice and then went home to write a story that fell into some of the worst tropes.
So, yes, I took the responsibility, the task of writing about these victims really seriously.
And I tried to speak with as many of their loved ones as I could and get as much detail about their lives as they could,
not just their tragic final moments, but also who they were as happy, healthy people,
because that's an important part of their story too.
So, yes, that was really important to me.
One of the key aspects of this story,
and it's something that we've kind of touched on already,
is that it's not just one rogue doctor
taking advantage of a broken system.
Along Volkman's journey are so many individuals
and organizations that are complicit in this,
enabling him, like the pharmacist Fletcher
that you mentioned,
who filled Volkman's suspect prescriptions,
like the manufacturers of the meds who lied about their addictive potential,
like corrupt officials, who turned a blind eye to the pain clinic,
like the system that allowed an unqualified person to operate a cash-only pain clinic in the first place.
And we already asked this kind of unanswerable question of why did it take so long?
And I suspect that this is part of it,
is that there were so many moving parts for Volkman's crimes to eventually not just come to light,
but be actually dealt with.
But the question that I want to ask is what measures have been put into place to prevent this,
or at least reduce the chances of this happening again?
And where is their oversight potentially still lacking?
I'm speaking to you from Portsmouth, Ohio now, where I'm here for a book tour.
And at both the city level, Port Smith is where most of the events of the book took place,
and the state level they passed laws to close loopholes that clinics like this exploited.
There are laws on the books now where I think it's according to the city ordinance.
Owners of the clinic have to be doctors or involved in the medical field.
Clinics need to be affiliated with a local hospital or educational institution.
Just those two things right there would have made a clinic like this impossible.
I believe at the state level, Ohio was one of a few states that passed a so-called pill mill bill.
Florida was another. I think Tennessee was another. Coincidentally, this law was signed a couple weeks after Volkman's trial ended.
That just happened that way. So the state was well aware of issues around pain clinics, and the Ohio State legislator voted unanimously, which is not super common to pass this bill.
putting a lot more oversight on clinics like this.
What's interesting is that was in 2011,
but if you go back to the 90s,
a lot of state legislatures passed laws
making it easier for doctors to write opiate scripts
and whether these were genuine responses
to the kind of cultural shifts we talked about earlier
or whether there was like Purdue Farm
a lobbying behind the scenes for such a law,
I don't know, but Ohio was one of those states,
And I know this because Volkman is part of his story of what he tells was that he was following
the Ohio Intractable Pain Act to a T. And he felt because he was following the state law,
which, by the way, I don't think he was actually following, you know, the DEA should have
never come in and did what they did. So there are laws on the books in Ohio and elsewhere that
prevent clinics like this from happening. That's, in some sense, is the good news. I mean,
the not-so-good news is that we now know cracking down on.
on the flow of prescription medications did not end the opiate epidemic.
It just prompted a shift in the opiate epidemic initially to heroin and now to the horribly
dangerous fentanyl.
And we saw deaths.
I mean, recently, thankfully, there's been a leveling off and a dropping of fatal overdose
numbers at the state level and nationally.
But for many years, including through to the pandemic, those numbers of fatal overdoses
just kept climbing up and up and up. So that is one thing I would say. In terms of areas for oversight,
there are whole sections of the book about the DEA that wound up on the cutting room floor.
The Washington Post in 60 Minutes have done some great reporting on ways the DEA could have done
better with the opiate epidemic, the culture of kind of revolving door between officials at the DEA
and the pharmaceutical industry and the negative effects that that has, the refusal
of the DEA to lower the national quotas for opiate manufacturing. There's a scathing report by a
Republican Attorney General in West Virginia pointing at the DEA's refusal to, the DEA, among its other
responsibilities, basically decides how much of a given controlled substance the entire country needs
via these kind of manufacturing quotas. And even when alarm bells were going off well into the
opiate epidemic and people were pleading with them to lower the quotas knowing that simply, you know,
the downstream effects of more opiates would be bad on the ground level. They didn't do that.
And if folks want some interesting reading, the West Virginia Attorney General's report is remarkable.
He says, again, a guy in a red state, a law enforcement official, that people died as a result of that.
But the DEA is just one area. I mean, the FDA fell asleep on the job. That's portrayed in
stories about Oxycontin.
Academic medicine has a lot to answer for.
The causes of this man-made crisis are numerous.
One thing I often mention is that I focus on a doctor who was convicted, and I'm not
here to say Volkman didn't deserve to be convicted.
I think he did.
But if you zoom out, you see that dozens, hundreds of doctors were convicted of criminal
activity, but very, very few drug distributors or
pharmaceutical companies faced criminal charges. Of course, they've been sued, you know, to the ends of
the earth and back, and they've paid out enormous amounts, but again, very few of them face real
criminal charges. So I think the opiate epidemic is a story. I mean, yes, doctors are white-collar
crime, but there's kind of white-collar crime above them that really didn't get prosecuted.
And it makes me think of the financial crisis where virtually no one faced criminal
charges for this massive man-made crisis. So I think one of the lessons of the opiate epidemic is
I came away thinking, we really don't take white-collar crime all that seriously in this country.
And there were people and organizations higher up in the chain than doctors who probably
deserve some of that. Going back to Volkman specifically, what lasting impact do you think
that he has had on medicine, on Portsmouth, on how prescriptions are regulated, like how much
did he impact those things? Or maybe just a broader question of what can we learn from Volkman's story?
In some ways this case stands out for reasons I described because it took place in one of the
worst hit areas of the country for the opiate epidemic because of Volkman's level of high
education, the MD, the Ph.D., the PhD, because of the sentence. But in many ways, he was just one of
many doctors. And that was what interested me about this story. As a reader and as a writer,
I am drawn to stories that tell a bigger story through the individual particulars of one case.
And another thing that I'm not sure I've mentioned is that Volkman, as part of his staunch
insistence on his innocence, refused to take a plea deal, which was unlike most of the other
charged doctors. Some of them went to trial, but most of them did not. But he did. And so there
were 70 prosecution witnesses called, and 10 defense witnesses in this trial took place in
federal court over eight weeks in Cincinnati in 2011. And as a result, there was a 4,000-page
transcript that I ultimately got my hands on that was just invaluable to me in writing this
story. So again, one of the reasons this case stands out is because we can see it all the more
clearly because of that testimony that took place in open court, all of which, by the way,
as a result of Volkman's arrogance and insistence that he's innocent, right?
Like, there are so many ways where I, as a storyteller, benefited from his arrogance
because he was willing to speak to me at length, because he refused a plea deal.
It's kind of ironic or something that his story got told in so much more granular detail
because of his own kind of belligerence.
Not to be too cute about it, but maybe this is old news to your listeners,
but I learned, or at least on a gut level, I will never forget,
that Volkman's brilliant test scores and intelligence and educational pedigree
did not prevent him from doing heinous things.
And if anyone needs a reminder of that,
that MD PhDs from University of Chicago and high school valeditorians can commit awful crimes,
well, my book is an example of that.
it's a lesson also in how a certain kind of psychology or a person with a certain kind of psychology
can move through the world and the damage that that person can do. I mean, one of the most,
a couple of the most memorable conversations I had for this book were with Volkman's two adult
children, both of whom wound up being estranged from him because he's kind of an impossible person
to interact with. Having said all that, one of the reasons I'm so excited to be on your podcast,
is because I didn't necessarily write the book because I knew what all the lessons would be to take away from it.
I'm not an MD. I'm not a PhD. I'm not a pharmacist. I'm not a researcher. I told the story, but I'm so eager for folks in those worlds to read the book, not just because I want people who read the book, and to apply their own experiences and their own knowledge and hear what they take away.
from it. So yeah, I have my own lessons that I learned from it, but I want to hear what people
in med schools say about it and people on state medical boards say about it and pharmacists.
Because I think, again, that was one of the things that interested me about the story.
It wove through malpractice and bankruptcy law and criminal law and pharmacies and medicine.
And there was just so much there that I could sink my teeth into, but I want to hear what other
people think about it.
Phil, thank you so much for such an enthralling conversation. And to our listeners, if you find yourself
wanting to know more about Volkman and his role in the opioid epidemic, check out our website,
this podcast will kill you.com, where I'll post a link to where you can find prescription for pain,
how a once promising doctor became the pill mill killer, as well as Phil's website. And don't forget,
you can check out our website for all sorts of other cool things, including, but not limited, to transcripts,
quarantini and placebo-rida recipes, show notes and references for all of our episodes,
links to merch, our bookshop.org affiliate account, our Goodreads list, a first-hand account form,
and music by Bloodmobile.
Speaking of which, thank you to Bloodmobile for providing the music for this episode and all of
our episodes.
Thank you to Leanna Skulachi and Tom Bryfocal for our audio mixing, and thanks to you listeners
for listening.
I hope you liked this bonus episode and are loving being part of the TPWKY Book Club.
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Well, until next time, keep washing those hands.
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