Q: Is denial of plaintiff's motion to set aside dismissal against defendant prejudiced against plaintiff in this case?

A: Based on the information provided, the denial of the plaintiff's motion to set aside dismissal does appear to show prejudice against the plaintiff in this case. The circumstances suggest the defendant acted in bad faith by using the plaintiff's vulnerable position and desire to amend records containing false medical information as leverage.

The lack of a formally binding contract through email communications is significant here. While the plaintiff entered the dismissal based on the defendant's conditional promise to amend records, this informal agreement lacks the necessary elements of a valid contract. The defendant's subsequent failure to follow through on their stated intent after securing the dismissal demonstrates potentially exploitative behavior, taking advantage of the plaintiff's urgent need to correct fraudulent medical information.

From a legal perspective, courts generally have discretion to set aside dismissals when there is evidence of unfair prejudice or inequitable conduct. In this situation, the combination of the defendant's apparent manipulation of the plaintiff's vulnerable position, the absence of a binding agreement, and the serious nature of the fraudulent medical records suggests that denying the motion to set aside dismissal unfairly prejudices the plaintiff's interests and ability to seek proper legal remedy. You may want to consider appealing this decision or consulting with legal counsel about other options for addressing both the dismissal and the underlying records issue.