First, you results MAY throw off my calculations, but since I've only checked on week 40 phone, the stats are too few. Second, no matter what week, there are going to be at least some flawed phones. It's the bigger pattern that matters. That's why I find it very interesting that every phone I've tried from week 21 to week 37 fails my main test and, so far, none from week 39 to 50 do (though week 39 wasn't as good as 40 and later).
Call Guard is on my phone and I haven't jailbroken it.
I'd also ask what are the actual problems? Because I had some I first thought was the sensor (cut off calls), but turned out to be a different problem. If you are activating the speaker, mute, dialing new numbers - that is probably the sensor. If it is just losing calls, it could be really bad luck on your network or the other person's network.
Next, assuming it isn't just dropped calls, I'd get it replaced. Yes, it will probably be a refurb unit, but that isn't necessarily a bad thing. I would go in and say you want one, refurb or not, that is week 46 or later. I think Apple won't admit to the date thing, but you just insist on the 4th and 5th digit being 46 or later.
If you keep having problems, eventually you should be able to insist upon a new one anyway.