I appreciate your thinking but, be honest: do you actually truly believe in any appreciable amount that Apple spent the past 1.5 years working with prototypes of the iPhone 4 all the way from start to finish and now beyond and they never bothered to test skin capacitance and its potential signal-wicking tendency for a device that emits microwave radiation?
Do you really believe that after everything else was all said and done that then, in the last few days of final assembly and commitment that they would THEN decide, "Ok, let's take the case off and run some skin capacitance tests... that's the last hurdle..."
Really?
The FCC wouldn't have tested it using human hands so it's not their fault, either. It's all Apple, from start to finish.
Defective by design...
I believe apple is a smaller company than you think they are. Steve Jobs wasn't kidding when he said they were structured like a startup. They make mistakes because of this structure, and their resources are actually a little limited. But, also, I'm sure they would test such a thing but I don't think they were counting on the interference from a hand being radically different (and initiating a software bug) that they couldn't cause in any of their testing environments.
They would have run those skin tests on Apple's campus.. where, presumably, they have the world's best (and probably only functioning!) AT&T network to test these things in. The hand probably couldn't have caused enough interference to initiate this tower-switching bug.
Tests off campus were done using a case which would have broken contact and prevented a person from actually shorting the antenna.