I don't doubt that there are failures, but you are making a big leap from 1% to 5%, with no real data. So, far all we know is that the DRC system can leak, and some dealers may have difficulty getting it fixed correctly for whatever reason.
There is absolutely nothing in the warranty book (I just read it cover to cover) about the DRC not being a covered item. There is no way one could call a damper a "wear and tear item". Anything along these lines sounds like a dealer issue. I have absolutely no doubt that mine will be covered IF I have problems, and I plan to call and verify on Monday.

2007 RS4 Sprint Blue, Tubi, Stasis MS.
Past:
2004 S4, 6MT, Nogaro, Milltek resonated catback, AWE pedals, Bilstein PSS9 coilovers.
2003 allroad, silver, auto
2001 allroad, green, auto
2001 allroad, silver, 6-speed, sways, GIAC, motor mounts, billet diverters, AWE DTS, ultimate pedals, RS4 clutch, bluetooth.