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Victoria Aqunio, SolicitorI read recently that a mother, who received compensation to care for her disabled son, was then asked to pay back £375,000 after her son died.  It sparked a debate amongst my friends as to whether or not asking for the money to be paid back was the right thing to do. 

Deborah Mackay was awarded £705,000 after doctors failed to spot her unborn son had spina bifida.  The compensation she was awarded included money to care for her son, Calum, until he was ten.  However sadly he died at the age of six.  The Health Board has advised that they had a “responsibility to manage the public purse” and are therefore requesting that the care element of the compensation (£375,000) is returned to them.

Ms Mackay had spent £450,000 on a new property and spent an additional sum fitting out the property with items to care for her son.  She has been said to have accepted the decision to recall the money but fears she could be left without a home.  She doesn’t have enough money to pay the health board back and has tried to sell her home but unfortunately in the current economic climate the house is not selling.

Do you think that compensation should have to be repaid in these circumstances? 

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